Failure To Appoint Counsellors Violates Section 9 of Family Courts Act & Rules : Patna High Court

Failure To Appoint Counsellors Violates Section 9 of Family Courts Act & Rules : Patna High Court

  • Case Name: Abdul Rehan Khan @ Abdul Raihan Khan v. State of Bihar & Anr.

The Patna High Court observed that not appointing counsellors or referring parties to conciliation violates the mandate of Section 9 of the Family Courts Act, 1984 and Rules framed thereunder.   

The Court emphasised that conciliation is a vital component of family dispute resolution, aiming to preserve relationships and avoid adversarial litigation.

The court noted that the state government had failed to appoint counsellors despite repeated directions. The Court stressed that the Family Court must actively promote reconciliation before proceeding with litigation.

The court also directed authorities to ensure proper implementation of the Act and the establishment of necessary counselling infrastructure to uphold its objectives.

Read Order / 4 months ago

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