| The Family Court in Pune 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? |
A question that reflects the court's broader commitment to reconciliation efforts is whether a Pune Family Court can direct parties to undergo counselling, and the answer is yes โ this is a well-established and frequently exercised power under the Family Courts framework. A Pune Family Court can direct parties to undergo counselling under Section 9 of the Family Courts Act, 1984, which specifically obligates the court to make efforts toward reconciliation and settlement before allowing a matrimonial matter to proceed to full contested trial, and counselling sessions with court-appointed or approved counsellors are a standard part of fulfilling this statutory obligation.
When a Pune Family Court directs parties to undergo counselling, this typically occurs at the very first or second hearing, with the matter being referred to the court's counselling centre or an approved marriage counsellor for a defined period before the case returns for further judicial proceedings, and this process runs in parallel with, rather than as a substitute for, the parties' right to eventually proceed to contested litigation if reconciliation efforts prove unsuccessful. Counselling sessions are generally confidential, meaning discussions during this process are not directly used as evidence in the subsequent contested proceedings should the matter not resolve amicably, encouraging genuinely open engagement with the process rather than guarded, defensive participation.
It is worth understanding that while courts strongly encourage genuine participation in this counselling process, they generally do not force a party to reconcile against their genuine wishes, since the counselling requirement is about ensuring a real, good-faith attempt at settlement or reconciliation has been made, rather than compelling an outcome that either party does not actually want. Parties who engage constructively with counselling, even where full reconciliation is not achieved, often find that the process helps narrow disputes on ancillary issues like custody or property division, considerably easing the path through whatever contested proceedings may follow.
Given how counselling functions as both a genuine reconciliation opportunity and a procedural requirement affecting how your case proceeds, approaching it thoughtfully is worthwhile. Our legal experts at Aapka Legal Advice include retired judges who can help you prepare a realistic approach to court-directed counselling. Our Divorce Lawyers in Pune | Aapka Legal Advice regularly advise and represent clients through the counselling and mediation process before Pune Family Courts.
In summary, a Pune Family Court can indeed direct parties to undergo counselling as a standard, statutorily mandated step before contested trial, and genuine, good-faith engagement with this process, even where reconciliation does not ultimately succeed, often benefits the broader resolution of ancillary issues.
