| The Family Court in Delhi has suggested counselling before proceeding further with the divorce trial. Can the court make counselling mandatory and what happens if one party refuses to attend? |
Yes, and in fact, Delhi Family Courts are not just permitted but generally expected to direct parties toward counselling before matrimonial disputes proceed to full-blown litigation, since reconciliation and amicable resolution are central objectives under the Family Courts Act, 1984. Section 9 of the Act specifically mandates that Family Courts make efforts to assist and persuade parties toward settlement wherever possible, and counselling sessions conducted by trained mediators or counsellors attached to the court are a standard first step in most matrimonial matters filed in Delhi.
This means that regardless of whether you are seeking mutual consent divorce or filing a contested petition, you should expect the Family Court to refer you and your spouse to its counselling wing early in the process, sometimes even before the first formal hearing takes real substance. These sessions are typically confidential and are intended to explore whether the marriage can genuinely be saved, or alternatively, whether both parties can reach an amicable settlement on issues like alimony, custody, and property, even if reconciliation itself isn't possible.
It's important to understand that counselling in this context is not merely a formality to be endured โ genuine participation can significantly influence the trajectory of your case. If reconciliation efforts succeed, proceedings may be withdrawn or settled quickly, saving considerable time, cost, and emotional strain. If they fail, the counsellor's report (in a general, non-prejudicial sense) can sometimes inform the court's broader understanding of the dispute, though detailed conversations during counselling are typically kept confidential from the trial record.
If one party refuses to attend counselling sessions directed by the court, this can potentially be viewed unfavourably by the judge as a lack of good faith, particularly in mutual consent matters where cooperative conduct matters for a smooth resolution. It's generally advisable to attend directed sessions even where you are confident the marriage cannot be saved, since doing so demonstrates procedural compliance and good faith to the court.
Given how counselling outcomes can shape settlement negotiations, it's worth speaking with our legal experts at Aapka Legal Advice beforehand, so you approach these sessions with a clear understanding of your legal position and realistic expectations for your divorce proceedings in Delhi.
The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes divorce lawyers experienced in guiding clients through court-directed counselling and subsequent settlement negotiations, along with a panel of retired judges who understand how Delhi's Family Courts typically weigh counselling outcomes.
In summary, Delhi Family Courts routinely direct parties to undergo counselling as a genuine and often productive step in matrimonial proceedings. Approaching it constructively, with proper legal guidance, can meaningfully improve your overall outcome.
