Act as marriage counsellors, HC advises family courts

Saurabh Malik
Tribune News Service
Chandigarh, March 13

Examine the conduct of estranged couples as psychologists, while acting like marriage counsellors. But take a decision only when nothing works, the Punjab and Haryana High Court has advised family courts dealing with matrimonial disputes.

“In matrimonial matters, the family court not only has to deal with the facts and law, but also with the conduct of both parties, studying them as a psychologist and acting as a marriage counsellor. If nothing works, then, (act) as a judge bound to make a final decision,” Justice Rajiv Narain Raina asserted while adding that the court could only wish “reparation of the hearts and a reconciliation of conflict”.

Justice Raina added the matrimonial disputes, after all, were matters of the heart and no human being could be compelled to live with another, if their hearts and minds were asunder. “The family court and neither this court is a mender of broken hearts.”

The assertions came in a case where the wife lodged an FIR in December, 2010, alleging cruelty, cheating, outraging modesty and other offences against her husband and other persons.

The husband was arrested, detained and remanded in judicial custody before being released on bail. Justice Raina observed the husband filed two divorce petitions. Apparently, the first one was filed when he was facing criminal trial in which he was acquitted after the court found him innocent. His second plea came only after the acquittal.