KARUNAKARAN Vs. VASANTHI

JUDGEMENT

(1.) What is the type of memorandum/ report that a Counsel shall submit to the Family Court To what use can the court put such memorandum/report Can the information gathered by the Counsellor, in the course of conciliation, be included in such memorandum/ report Will not the provisions relating to confidentiality of the communications in the course of counselling he defeated and frustrated if the Counsellor submits such an exhaustive memo,. indum/report giving details of all what transpired during the counselling to th. -Family Court and the Family Court uses the same to resolve the lis between the parties before it What are the safe rules which a Counsellor submitting memorandum/report should follow How and in what manner can Family Courts make use of such memorandum/report

(2.) To the crucial and vital facts first. The petitioner has suffered an order under S.125 Cr.P.C, obliging him to pay maintenance at the rate of Rs.1,500/and Rs.750/- to the claimants - his wife and minor child respectively. Marriage, paternity and separate residence are all admitted. The petitioner, in the counter statement filed by him, did not make a specific offer to maintain his wife on condition that she lives with him. Later, in the course of the proceedings, he appears to have made such an offer.

(3.) Parties went to trial on these contentions. The rival contestants examined themselves as P. W.1 and R. W.1. Exts.81 and B2 were marked. Ext.B 1 is a document to show that the petitioner/husband had suffered injuries in a motor accident. Ext.B2 is an agreement allegedly executed by the pa rents of the wife who agreed to assign some property in her name.