Good evening friends,

Before I give my talk on the Family Court and the Role of a Marriage Counsellor, let me congratulate Mr. Sudhir Shah, Mrs. Jagruti Jobanputra and Mrs. Bhavna Jadhav of Messrs. Sudhir Shah & Associates, Advocates for their excellent performance in this seminar.

On account of my husband, who is also a practising Lawyer, having participated in few of the International Legal Seminars, I am aware as to how difficult it is to organize such seminars. Mr. Sudhir Shah and his Juniors deserve a pat on their back for organizing such a nice seminar.

The Family Courts Act was brought into force on 14th September 1984 with the main object of providing easy and speedy settlement relating to disputes concerning marriage and family affairs. The Family Court was however established in Bombay, almost five years thereafter, in the month of September 1989.

The Family Court in Bombay is situated in the western suburb of Bandra at the Bandra-Kurla Complex, near the Old Drive-in-Theatre. The Family Court building consists a ground and seven floors and each floor has got one Court Room with other administrative offices.

Till recently there were only five Courts. However since May 1995 two more Courts have started functioning and thus as of 22nd May 1995 there are seven Family Courts functioning in the Bombay Family Court at Bandra. Each of the Family Courts in Bombay has two Marriage Counsellors attached to it. The Family Court Building in Bombay has a Bar Room for the convenience of the Advocates on its fifth floor and a children's complex on the third floor. At times when access has to be given to the minor children under the supervision of the Family Court the Children's complex is being used. It has various facilities such as toys, educational and entertainment books, etc. which attract children to visit the said children's complex.

Advocates are normally not allowed in the Family Court and parties are required to conduct their matters by themselves. Judges, Marriage Counsellors and the other clerical staff of the Family Court assist the parties to a very great extent by explaining and making them understand as to how to file a Petition, what statements should be made in the Petition, what a party should do to conduct its matter. However, if a party feels that he or she is not capable of conducting their own matter or the matter is such that the party personally is not capable to understand then with the permission of the Family Court, the party can engage an Advocate to represent it.

The normal procedure in the Family is that after a petition is filed by a party the same is presented before the Superintendent of the Family Court who goes through it and if any more information is required to be mentioned, he informs the party accordingly and after those things are complied with, the Petition is numbered by the Superintendent of the Family Court and it is then assigned to a particular Court Room. A woman is exempted from payment of Court fees in the Family Court. After the Petition is numbered, summons are prepared by the office of the Family Court and then it is served upon the other party along with the copy of the Petition either by a Bailiff if the other party is residing in Bombay or by Registered Post if the other party is residing out of Bombay.

Since the year 1990 every year on an average 3000 Petitions are being filed in the Family Court. About 75% of the Petitions filed are amicably settled either by the parties reconciling or choosing to take divorce by mutual consent. These matters are settled within a period of one to two years from the date of its filing. Matters which are contested take some more time to decide.

A Marriage Counsellor performs a very great role in the Family Court.

Graduates, having Master's Degree in Social Work, are appointed as Marriage Counsellors in Family Courts. There are 14 Marriage Counsellors, out of which twelve are women and two are men at present in the Bombay Family Court.

Normally, after a petition is filed, on the first date of hearing, when the parties come to Court, the matter is referred to the Marriage Counsellor. The Marriage Counsellor hears the grievances of the parties. First each of the party is called and heard separately. Then the Marriage Counsellor hears both the parties together. The Marriage Counsellor, after hearing both the parties, gives suggestions to them to remove their differences and tries for reconciliation between them. This discussion takes place in the chamber of the Marriage Counsellor. Advocates are not allowed at that time. The parties are then given sufficient time to think over the proposal for reconciliation given by the Marriage Counsellor and discuss it with their relatives and Legal Advisors. Normally three to five such meetings are held by the Marriage Counsellor. If the parties agree to some solution by which they can reconcile, then they are asked by the Marriage Counsellor to write down the terms for reconciliation and both the parties are made to sign the same. The Marriage Counsellor also countersigns the same. The matter is then referred back to the Court. The Judge, after knowing the terms of the reconciliation, directs the parties to start residing together and gives them time and opportunity to do so. If during that period the parties are able to live together peacefully, then on the next date of hearing the matter is disposed of after hearing.

Even after persuasion if reconciliation is not possible between the parties then the Marriage Counsellor tries to find out whether matters such as maintenance, residence, custody of the child/children, returning back of ornaments, articles, clothes, etc. can be amicably settled between the parties and whether the parties are agreeable to take divorce by mutual consent. If this is possible, then terms are prepared accordingly and the parties are directed to file consent terms to take divorce by mutual consent.

A Marriage Counsellor also performs the role of solving the matters regarding access of parents to children. At times where the dispute is very bitter and the parties are not agreeable to give custody of the minor children, even for few hours, then the access to the child is given in the Court's premises itself. For that purpose a special children's complex has been created on the third floor of the Family Court Building.

The Marriage Counsellor also interviews the child to find out the wishes of the child many times. This may be in the presence of the parents or without them.

In cases where allegations of impotency is made, the Marriage Counsellor refers the matter to a Sexologist for having the party examined in that behalf.

When the allegations are made regarding mental disorder, the Marriage Counsellor refers such parties to psychiatrists, neurologists and other physicians. The Marriage Counsellor, in such cases, on the basis of the report received tries once again to see whether the matter can be reconciled or amicably settled or not.

At times, the Marriage Counsellor gives a surprise visit to party's residence to find out the exact position as to how the parties live, how one party treats the other party, their surrounding circumstances, behaviour of the family members, etc.

The Marriage Counsellor also performs the task of a Commissioner and visits the residence of the parties or goes to the Bank's locker and makes an inventory of the articles and tries to ascertain from the physical appearance as to, to whom the said property belongs.

In short a Marriage Counsellor performs all those tasks which in earlier days were being performed by a mediator and family friend. The role of the Marriage Counsellor is to see that disputes are solved amicably and that the parties unite instead of separating. Whatever they do, they do to help the parties.

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