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The court can also give a decree of restitution of conjugal rights for reconciliation of parties. This decree orders one spouse to live with the spouse who asked for restitution of conjugal rights, especially in cases of desertion. However, they cannot be forced to consummate the marriage.

Reconciliation during divorce proceedings under Hindu Marriage Law

Last updated on Apr 8, 2022

In all family law cases, Courts encourage an attempt for reconciliation between the spouses.

Consequence of Reconciliation

After reconciliation happens, either:

  • You and your spouse can get back together and continue your marital relationship, or
  • You and your spouse can decide to end the marriage peacefully and divorce each other.

There are three kinds of reconciliation methods in India:

Mediation

  • Mediation is a process of resolving conflicts by identifying their causes and then making a strategy to address them. This is done by a mediator who is a person either appointed by the Court during the divorce proceedings or is assigned from a Mediation Centre which is located near the Court.

Conciliation

  • In Conciliation, a person known as the conciliator is appointed.  His role is to persuade the parties to arrive at a solution suggested by him during the course of the discussions.

Counsellor in Family Courts

  • A counsellor is a person whose job is to provide advice, help, or encouragement to solve problems during divorce and other family matters. A counsellor is a person appointed by a Family Court to find out:
  • The reason why or if you and your spouse are incompatible for each other.
  • Whether the incompatibility can be fixed by any psychological or psychiatric assistance from doctors.
  • Whether you and your spouse are under the influence of anybody else to divorce each other.
  • Whether you and your spouse are taking free and independent decisions regarding the divorce.

 

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