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2009 Supreme(Ker) 117

R.BASANT
Karunakaran. M – Appellant
Versus
Vasanthi K. – Respondent


Advocates Appeared:
For the Petitioner:T. Madhu, C.R. Saradamani, Advocates. For Amicus Curiae:C.S. Dias, Lekha Suresh. For the Respondent: Suresh Kumar Kodoth (Public Prosecutor).

Judgment:

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




















































































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