JAISON Vs. RASNA

JUDGEMENT

(1.) HARIPRASAD ,J: This Original Petition (FC) is filed under Article 227 of the Constitution of India with following prayers: -

(2.) THE petitioner is the respondent in O.P.No.764 of 2012 filed by the first respondent herein seeking a decree of divorce under Section 10(1)(x) of the Indian Divorce Act. It is seen from the records that the parties have been sent for Psychological Counselling and reports have been obtained. The grievance of the petitioner is that as per Ext.P7 order, the Family Court rejected his prayer to get a certified copy of the Counselling Report, submitted by the Psychological Counsellor, pertaining to the petitioner.

(3.) THE learned Judge of the Family Court, by a cryptic order, dismissed Ext.P6 copy application stating that the petitioner is not entitled to get a copy of the Psychological Counsellor's report and therefore, the prayer was rejected. Learned counsel for the petitioner took us to various provisions of the Family Courts (Kerala) Rules,1989. Rules 24 to 38 deal with the counselling procedure. Our attention had been drawn specifically to Rules 29,30,31,32 and 33. Rule 29 of the said Rules states that any information gathered by the Counsellor, any statement made before the Counsellor or any notes or report prepared by the Counsellor shall be treated as Confidential. The Counsellor shall not be called upon to disclose this information, statements, notes or report to any Court except with the consent of both the parties. Rule 30 says that the Counsellor shall not be permitted to give evidence in any court in respect of the information, statements, notes or report referred to in Rule 29. Rule 31 would show that the Court may also request the Counsellor to submit to it a report on any other subject in order to assist the Court in adjudicating upon the matter before it. Rule 32 specifically confers right on the parties to make their submissions based on the report.