Reconciliation attempts in matrimonial disputes must comply with legal requirements to be valid under applicable personal law.

JUDGMENT Devan Ramachandran, J.

In Asbi v. Hashim [2021 (6) KHC 159] , a learned Division Bench of this Court has declared the position without ambiguity that, even though the proceedings before a learned Family Court under its ambit may be summary in nature, there are certain specific imperative requirements and sine qua non, which will have to be complied with; the primary among them being that the attempt of reconciliation between the parties must be specifically explored. 2. Going by the facts of this case, even though the respondent - husband asserted that there were attempts of conciliation between him and his wife, it, prima facie, shows that such were done under the aegis of Police officers. The specific case of the appellant - wife is that such attempts were made when criminal cases were registered by her against the respondent; and that the talk at the Police Station – even assuming it happened – can never be construed to be a reconciliation or an attempt of uniting them.

3. Sri.Arjun S. further explained that his client’s deposition, that there were mediation talks between the parties, were, in fact, in response to a question whether it was done in the manner sanctioned in law. He pointed out that, as per the admitted version of the respondent, all such talks were done in the presence of the Police only and not with the assistance of Authorities or persons who are competent to do so, going by the Muslim Personal Law (Shariat) Application Act , 1937.

4. There is some force in the afore submissions of Sri.Arjun S. - learned counsel for the appellant, because, as said above, prima facie, apart from the assertions that there were conciliation efforts under the aegis of the Police, we cannot find any further attempt between the parties to have been properly established.

5. This is fortified by the fact that, going by the evidence, it is the admitted stand of the respondent that, though he attempted reconciliation with the help of the ‘Mahal Committee’, the appellant did not agree because she said there is a police case pending between the parties and that it is under investigation.

6. Of course, an attempt is made by the respondent to show that the wife did not agree to a conciliation; but, in our view, it is too early to enter into such a conclusion without a proper evaluation and appreciation of the materials and the statements on record.

7. We, therefore, are persuaded to the firm opinion that the matter must engage the attention of the learned Family Court again, particularly because the respondent is refusing to appear before us, nor is he represented through counsel, though he was so represented on earlier occasions.

In the afore circumstances, we allow this Appeal and set aside the impugned judgment; with a consequential direction to the learned Family Court to reconsider the matter, adverting to all relevant aspects, particularly on the touchstone of the question whether there had been any attempt, much less an effective attempt, between the parties for conciliation, within the declaratory purlieus of Absi (supra).

Sd/-