1. Meaning of Counselling Services Attached to Family Courts

These are professionally structured services provided within or alongside Family Courts by:

• Counsellors (psychologists, social workers, or trained mediators)
• Family welfare experts
• Court-annexed mediation centres
• Legal Services Authorities

Their primary function is to:

• Facilitate reconciliation between parties
• Reduce emotional hostility
• Assist in child custody and welfare decisions
• Support settlement of maintenance, divorce, and property disputes

2. Legal Basis

(A) Family Courts Act, 1984

• Section 6: States that State Governments must provide counsellors and other staff to assist Family Courts
• Section 9: Mandates efforts for settlement before trial
• Promotes conciliation as a primary objective

(B) Constitutional Foundation

• Article 39A: Equal justice and free legal aid
• Article 21: Right to dignity, mental health, and fair procedure

3. Structure of Counselling Services in Family Courts

(A) Court Attached Counselling Units

• Permanent counsellors assigned to Family Courts
• Handle all referred matrimonial disputes

(B) Mediation Centres (Court-Annexed)

• Function under District Legal Services Authority (DLSA)
• Conduct structured mediation sessions

(C) Child Counselling Units

• Specialised psychologists for custody and visitation disputes
• Focus on child welfare assessment

(D) Pre-Litigation Counselling Cells

• Encourage settlement before filing cases

4. Functions of Counselling Services

(A) Reconciliation Efforts

• Attempt to restore marital relationships
• Address misunderstandings and communication breakdowns

(B) Emotional Assessment

• Identify trauma, abuse, or psychological distress
• Evaluate compatibility issues

(C) Child Welfare Protection

• Ensure custody decisions prioritise child’s best interest
• Assess parent-child bonding

(D) Settlement Facilitation

• Maintenance agreements
• Mutual consent divorce facilitation
• Property and custody arrangements

5. Importance of Counselling Services in Family Courts

• Reduces burden on judiciary
• Encourages peaceful resolution
• Protects children from litigation trauma
• Prevents unnecessary divorces
• Promotes restorative justice

6. Case Laws on Counselling Services in Family Courts

1. K. Srinivas Rao v. D.A. Deepa (2013) 5 SCC 226

Principle: Mandatory mediation in matrimonial disputes.

• Supreme Court directed Family Courts to refer cases to mediation at the earliest stage
• Recognised counselling services as essential for saving marriages or enabling peaceful separation
• Highlighted the importance of institutional counselling mechanisms

2. Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010) 8 SCC 24

Principle: Promotion of ADR, including mediation in appropriate cases.

• Supreme Court issued guidelines for compulsory referral of suitable cases to mediation
• Family disputes identified as ideal for counselling-based resolution
• Strengthened court-annexed mediation centres as part of judicial system

3. Salem Advocate Bar Association v. Union of India (2005) 6 SCC 344

Principle: Institutionalisation of ADR mechanisms.

• Court upheld amendments promoting mediation and conciliation
• Directed establishment of mediation centres attached to courts
• Reinforced counselling services as part of judicial infrastructure

4. Jagraj Singh v. Bir Pal (2007) 2 SCC 564

Principle: Duty of courts to attempt reconciliation in matrimonial cases.

• Supreme Court stressed reconciliation before granting divorce
• Supported use of counselling services to resolve matrimonial breakdown
• Emphasised judicial obligation to preserve marriage where possible

5. Sureshta Devi v. Om Prakash (1991) 2 SCC 25

Principle: Mutual consent divorce requires genuine agreement.

• Court held that consent must be voluntary and informed
• Recognised role of counselling in ensuring genuine consent
• Reinforced cooling-off period as reconciliation opportunity

6. Shanti Kumar Panda v. Shakuntala Devi (2004) 1 SCC 438

Principle: Child welfare is paramount in custody disputes.

• Court emphasised psychological welfare of child over parental claims
• Supported counselling services to evaluate child’s emotional needs
• Strengthened role of child psychologists in Family Courts

7. K. G. Dastane v. S. Dastane (1975) 2 SCC 326

Principle: Mental cruelty must be assessed in context.

• Court acknowledged psychological factors in matrimonial breakdown
• Implied need for expert counselling to assess marital discord
• Early recognition of psychological dimension in family law disputes

7. Role of Counsellors in Family Courts

Counsellors perform:

• Joint and individual counselling sessions
• Conflict analysis between spouses
• Emotional support and stabilisation
• Child behavioural assessment
• Reporting findings to Family Court judges
• Facilitating settlement agreements

8. Procedure of Counselling in Family Courts

1. Filing of matrimonial petition
2. First court appearance
3. Referral to counselling/mediation centre
4. Separate/joint counselling sessions
5. Assessment of reconciliation feasibility
6. Settlement or return to litigation

9. Challenges in Counselling Services

• Shortage of trained counsellors
• High caseload in Family Courts
• Resistance from emotionally distressed parties
• Lack of uniform standards across states
• Limited follow-up after settlement

Conclusion

Counselling services attached to Family Courts form a critical pillar of India’s family justice system, transforming disputes from adversarial battles into opportunities for reconciliation and healing. Judicial decisions such as K. Srinivas Rao v. D.A. Deepa, Afcons Infrastructure, and Salem Advocate Bar Association have firmly established that institutional counselling is not optional but an essential component of family justice delivery.

These services not only reduce litigation but also protect the emotional and psychological integrity of families, especially children, making them indispensable in modern family law practice.