This article has been written by Ms._ISHA BHARTI, a 3rd-year student of B.B.A., LL,B(Hons),  CMR UNIVERSITY- School of Legal Studies, Bangalore. 

 

ABSTRACT: 

Marriages, the union of two individuals in an intricate bond, are susceptible to facing multifaceted challenges. Family Counselling, within the context of marital disputes, entails a therapeutic process where couples engage with trained professionals to navigate issues within their relationship. The Indian judiciary, cognisant of these challenges, has actively advocated for this alternative dispute resolution mechanism as a preeminent step before resorting to litigation. The evolution of society’s perception towards Family Counseling in India, coupled with the judiciary’s proactive approach, signified a pivotal shift towards embracing alternate dispute resolution mechanisms. In the Indian context, the evolution of societal perceptions towards family counselling in India echoes the paradigm shift, acknowledging its innate worth in preserving relationships. Moreover, the availability of mediation and collaborative divorce options enriches the spectrum of choices, each tailored to suit the unique needs of couples navigating through disputes. In addition, adherence to structured sessions, espousing effective communication, and embracing the recommended practices and avoidances in Family counselling engenders an environment conducive to meaningful progress and resolution. The documented success rates underscore the substantial impact of Family Therapy in resolving marital issues, accentuating its role in reinstating intimacy, ameliorating relationships, and facilitating smoother transitions, even in cases of insurmountable differences.

Keyword: Marital disputes, Family Counselling, Alternative dispute resolution, Indian judiciary, Relationship preservation, Conflict resolution.

 

INTRODUCTION

In the intricate union of marriage, couples often confront multifaceted challenges that can stem from communication breakdowns, differing expectations, financial strains, or emotional disconnection. These conflicts, if left unaddressed, possess the capacity to erode the foundational structure of the relationship. Family Counselling emerges as a beacon of hope amid these turbulent seas of marital discord. It provides a structured and empathetic space where couples, guided by trained professionals, confront and navigate their issues. This form of intervention serves as a crucial avenue, offering support, guidance, and a framework to unravel the complexities entwined within relationships. Amidst escalating tensions, Family Counselling acts as a sanctuary where partners express concerns and feelings in a non-judgmental environment.

It transcends being a mere intervention; rather, it serves as a vital lifeline aimed at preserving the essence of marital connections. Its essence lies in acknowledging that conflicts need not signify the end of a partnership. Instead, through counselling, couples embark on a transformative journey, rekindling understanding, trust, and communication, thereby strengthening the very fabric of their bond.

 

Meaning

Family Counselling, within the context of marital disputes, entails a therapeutic process where couples engage with trained professionals to navigate issues within their relationship. This process fosters open communication, identifies underlying concerns, and equips couples with strategies to manage conflicts constructively.

For instance where a couple grapples with persistent communication breakdowns, leading to frequent arguments and misunderstandings. Family Counselling steps in as a platform for both partners to express their concerns, guided by a trained therapist who helps them understand each other’s perspectives and rebuild effective communication channels.even in one of renowned marriage and family therapy texts, such as “The Seven Principles for Making Marriage Work” by Dr John Gottman, Family Counselling is depicted as an instrumental tool for fostering understanding, emotional connection, and conflict resolution within marriages. The text outlines practical strategies and exercises used in counselling sessions to rebuild trust, enhance communication, and strengthen the marital bond.

In essence, Family Counselling serves as a transformative process, addressing not just surface-level conflicts but delving into the core issues that strain marriages. It empowers couples to navigate challenges, fostering mutual understanding and paving the way for healthier and more resilient relationships.

 

INDIAN CONCEPT : 

In India, the perception of Family Counselling has evolved significantly over time, transitioning from a relatively less explored avenue to an increasingly recognised and encouraged approach for resolving marital disputes. Historically, Indian society has been rooted in the ethos of familial harmony, where the sanctity of marriage holds profound significance. However, societal norms often placed immense pressure on couples to sustain their marriages despite underlying conflicts or challenges.

Over the years, the judiciary in India has observed the strain and complexities within marital relationships, leading to an emphasis on alternative dispute resolution mechanisms, notably Family Counselling. This shift in approach stems from a realisation that adversarial litigation often exacerbates emotional distress, financial strain, and societal upheaval, particularly in the context of familial disputes.

The Indian judiciary, cognisant of these challenges, has actively advocated for Family Counselling as a preeminent step before resorting to litigation. Courts across the nation have increasingly mandated counselling sessions for couples in marital disputes, recognising its potential to facilitate reconciliation, preserve familial ties, and alleviate the burden on the legal system. 

Family Counselling presents a multitude of advantages for couples in India. 

• It provides a structured and supportive environment for partners to communicate and address their concerns under the guidance of trained professionals. 
• More importantly, it aligns with cultural values of preserving relationships, thereby offering a pathway to resolve disputes while maintaining familial harmony.

From a legal standpoint, the significance of Family Counselling in India is underscored by its integration within the legal system. Courts consider the efforts made by couples in counselling sessions as a vital aspect when adjudicating disputes. This recognition bolsters the importance of counselling outcomes as evidence or documentation in legal proceedings, influencing decisions on matters such as child custody, alimony, and property division. 

In essence, the evolution of society’s perception towards Family Counselling in India, coupled with the judiciary’s proactive approach, signifies a pivotal shift towards embracing alternative dispute resolution mechanisms. This shift acknowledges the intrinsic value of preserving relationships, providing couples with a platform to navigate conflicts amicably, and contributing towards a more empathetic and harmonious approach to resolving marital disputes within the legal framework.

 

IS FAMILY COUNSELLING IS BETTER THAN DIRECTLY GOING TO DIVORCE

Family counselling offers couples an opportunity to detect and tackle issues early on, potentially averting the necessity for divorce. By proactively addressing conflicts, it aids in enhancing the relationship and reinstating intimacy. Even in cases of irreconcilable differences, counselling can facilitate a smoother transition through divorce, lessening its adverse effects on children and family dynamics. Additionally, family counselling is often more cost-effective than litigation, consuming lesser time and resources for dispute resolution. Essentially, it presents a structured and supportive environment for couples to address underlying relationship conflicts. Through guided sessions led by trained professionals, partners can effectively communicate, comprehend each other’s perspectives, and resolve disputes without resorting to legal battles.

Mediation, involving a neutral third party to facilitate discussions and negotiations between parties, stands as another option for couples. Focusing on seeking mutually acceptable solutions, it aids in resolving divorce-related conflicts like child custody or property division. However, mediation typically does not delve as deeply into emotional aspects as Family Counselling.

Collaborative divorce, an emerging approach, engages lawyers, counsellors, and financial experts to aid couples in reaching agreements without court intervention. It prioritises amicable settlements and may incorporate counselling elements to address emotional aspects alongside legal negotiations.

It’s vital to acknowledge that the suitability of these approaches varies based on the unique circumstances, complexities of disputes, emotional dynamics, and the willingness of both parties to engage. While Family Counselling, mediation, and collaborative divorce strive to reduce hostility and foster agreeable solutions, there are instances, particularly in cases of abuse or irreconcilable differences, where direct divorce proceedings might be the only viable option.

 

PROCEDURES:

• Initial Assessment: The process often begins with an assessment session where the counsellor gathers information about the couple’s history, concerns, and goals for counselling.
• Setting Objectives: Clear goals are established collaboratively, outlining what the couple aims to achieve through counselling, whether it’s improved communication, conflict resolution, or rebuilding trust.

• Counselling Sessions: Regular sessions are conducted, typically ranging from weekly to bi-weekly meetings, where couples engage in discussions, activities, and exercises facilitated by the counsellor.

• Homework Assignments: Counsellors may assign tasks or exercises for couples to practise at home, reinforcing the concepts discussed during sessions and fostering continued progress.

• Progress Evaluation: Periodic evaluations are conducted to assess the progress made and whether the counselling objectives are being met. Adjustments to the counselling approach may be made based on these evaluations.

 

Do’s in Family Counselling

• Open Communication: Encourage open, honest, and respectful communication during sessions, allowing both partners to express themselves without judgement.
• Active Participation: Actively engage in counselling exercises and discussions, showing willingness to work towards resolution and implementing the strategies discussed.
• Respect for Boundaries: Respect each other’s boundaries and perspectives, creating a safe space conducive to productive dialogue.
• Consistency: Attend sessions regularly and be consistent in completing any assigned homework or tasks between sessions.

Don’ts in Family Counselling

• Blame Game: Avoid blaming or criticising each other during sessions. Focus on expressing feelings and needs constructively rather than assigning blame.
• Closed-mindedness: Refrain from dismissing ideas or strategies proposed by the counsellor or partner without consideration.
• Avoidance of Issues: Resist the urge to avoid discussing challenging topics or issues. Confronting these difficulties is crucial for progress.
• Lack of Commitment: Avoid lack of commitment or participation in the counselling process, as this hinders progress and resolution.

Adhering to these procedural guidelines and embracing the recommended do’s and don’ts fosters an environment conducive to meaningful progress and resolution within Family Counselling sessions.

 

THE SUCCESS RATES : 

Family therapy has a significant influence on solving marital problems, especially communication problems between couples. Family counselling assists couples in improving their relationship, restoring intimacy, and working towards reconciliation. In cases of irreconcilable differences, counselling can facilitate a smoother transition through divorce, minimising its negative effects on children and family dynamics. The Journal of Marital & Family Therapy reports that 70% of couples in therapy experience a positive impact from marriage counselling. However, the success rate of family therapy may vary depending on the couple’s willingness to work through difficult obstacles and actively utilise the lessons learned in counselling. Therefore, it is important for couples to enter counselling sessions with an open mind and eagerness to work through their issues.

 

THE FAMILY COURT ACT 1894

The Family Courts Act, 1984, governs family court procedures in India, providing a specialised forum for the resolution of family-related disputes, including divorce, child custody, maintenance, adoption, and other family-related issues. The Act recommends the appointment of trained and qualified marriage counsellors to provide necessary counselling to parties involved in family disputes. Family court procedures are designed to ensure fairness, confidentiality, and expeditious resolution of family disputes. When parties involved in family disputes appear before the family court, the judge may refer them to a counsellor to undergo counselling, aiming to prevent the escalation of conflicts and foster potential reconciliation between the parties. Counsellors are obligated to disclose the details of discussions held with the spouses during counselling sessions and subsequently provide a report indicating the possibility of reaching a settlement. If the case remains unresolved through alternative dispute resolution methods, it is referred back to the court. The Family Court Judge, under Section 10(3) of the Act, possesses ample authority to assist the parties further.

The Indian Evidence Act of 1872 states that any statement or document pertaining to the subject matter is admissible in family court proceedings. Presently, family court proceedings can be time-consuming, from the counselling stage to the final hearing, particularly when both parties adhere to court directives and submit their claims within stipulated timeframes. Delays may further occur due to interim applications for maintenance relief, child custody, and other issues.

However, the guidelines for family court cases in India are established under the Family Courts Act, 1984, and emphasise the use of counselling to prevent the escalation of conflicts and foster potential reconciliation between the parties involved in family disputes. The Act also ensures fairness, confidentiality, and expeditious resolution of family disputes.

 

CONCLUSION: 

Family Counselling plays a pivotal role in resolving marital conflicts, deftly navigating the complexities of relationships. In India, there’s a notable shift in acknowledging counselling’s substantial role in preserving relationships, notably supported by proactive judicial measures.

Compared to direct divorce proceedings, Family Counselling acts as a catalyst for conflict resolution and relationship enhancement. Its effectiveness is bolstered by mediation and collaborative divorce options tailored for couples in contentious disputes. Adhering to structured sessions and prescribed methodologies fosters an environment conducive to effective conflict resolution. Empirical evidence through success rates underscores the impactful role of Family Counselling in restoring intimacy and improving relationships, even amidst significant differences. Embedded in India’s legal framework, the Family Courts Act of 1984 firmly underscores counselling’s pivotal role in resolving familial disputes, upholding fairness and confidentiality.

At its core, Family Counselling represents the transformative power of empathy and communication, offering a path to healing and enduring relationships beyond mere hope.

 

REFERENCES : 

BOOKS : 

1. “The Seven Principles for Making Marriage Work” by Dr John Gottman
2. Family Courts Act of 1984
3. The Indian Evidence Act of 1872

 

PAPERS & SITES: 

• This article was originally written and published on – Vidhikarya – “Family Court Procedures in India”  – The link for the same is herein. https://www.vidhikarya.com/legal-blog/family-court-procedures-in-india 
• This article was originally written and published on- https://ncwapps.nic.in/pdfreports/Working%20of%20Family%20courts%20in%20India.pdf 
• This article was originally written and published on – Sujata Sriram – “Marital Counselling in India: Perspectives from Family Court Counsellors”  – The link for the same is herein. https://link.springer.com/chapter/10.1007/978-981-10-0584-8_10 
• The rules and regulation of the acts. – The link for the same is herein:  https://districts.ecourts.gov.in/india/maharashtra/maharashtra-family-courts/rule-regulation