What is the type of memorandum/report that a Counsellor 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 be defeated and frustrated if the Counsellor submits such an exhaustive memorandum/report giving details of all what transpired during the counselling to the Family Court and the Family Court uses the same to resolve the /is 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? These questions arise for consideration before me in this case. Considering the importance of the questions, in addition to the counsel appearing forthe parties, I requested the learned counsel Mr. C.S. Dias and Smt. Lekha Suresh to assist me as amicus curiae to resolve the above questions. I place on record my appreciation for the academic research done by Advocates Mr. C.S. Dias and Smt. Lekha Suresh and counsel for both sides to assist this Court for a proper resolution of the questions raised.

2. To thecrucial and vital facts first. The petitioner has suffered an order under 5.125 Cr.PC, 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. The wife resisted the offer for living together on the ground that the offer is not bona fide and that the petitioner is having an illicit relationship with one Sathi - a neighbour.

3. Parties went to trial on these contentions. The rival contestants examined themselves as P.W.1 and R.W.1. Exts.B1 and B2 were marked. Ext.B1 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 parents of the wife who agreed to assign some property in her name.

4. The learned Judge of the Family Court considered the rival contentions and came to the conclusion that the petitioner is liable to pay maintenance to his wife and child. The court took the view that the wife is justified in insisting on separate residence. To come to this conclusion, the learned Judge copiously relied on the memorandum/report dated 28.3.2006 submitted by the Counsellor after the effort of counselling and conciliation had failed. I think it will be advantageous straightaway to refer to the relevant observations made by the learned Judge in the impugned order. Fundamental objections are taken against the observations made by the learned Judge in the order. In para.6, the learned Judge observed as follows:

"6. This Court has attempted several times to resolve the dispute between the parties. The parties were referred to the Counsellor. As per the report dated 28.3.2006 the respondent was amenable to give 15 cents of his landed property to his daughter because he is unable to provide maintenance otherwise to the petitioners. He had met with an accident and cannot go for any work. The petitioner is unwilling to accept the 15 cents of land. She wants the respondent to take her back or provide monthly maintenance. The Counsellor reports that the respondent was very adamant in his decision and was also not amenable for providing maintenance to her. Petitioner suspected that the respondent is having an illicit relationship with another lady in the neighbourhood. According to her, as reported by the Counsellor that lady had rang up and told her to leave the house of the respondent. According to her this was the only rea