importance of conciliation

In one minute

Conciliation means helping the spouses to settle their dispute and, where possible, save the marriage. The Hindu Marriage Act requires the court to try for reconciliation before granting relief (section 23(2)).

The six-month wait in a mutual consent divorce and the duty of Family Courts under section 9 of the Family Courts Act, 1984 serve the same aim. Marriage breakdown harms children and families, so the law tries peace first.

Legal provision

• Section 23(2), Hindu Marriage Act, 1955: before granting relief, it is the court's duty, where possible, to make every endeavour to bring about reconciliation.
• Proviso to section 23(2): the duty does not apply where relief is sought on conversion, mental disorder, venereal disease, renunciation of the world or presumed death.
• Section 23(3): the court may adjourn for up to fifteen days and refer the matter to a person named by the parties or by the court. That person reports on the result.
• Section 13B(2): the second motion for a mutual consent divorce comes six to eighteen months after the first.
• Section 9, Family Courts Act, 1984: in every suit the Family Court must in the first instance assist and persuade the parties to settle, and may adjourn for that purpose.

Meaning and definition

Conciliation is a process in which a neutral person helps the spouses to settle their dispute by agreement. It is not a verdict. The parties remain free to accept or reject the suggestions.

Detailed explanation

Step 1: the duty of the court under the Act

The court must try to reconcile the parties before it grants any relief, wherever the nature of the case allows. For this it may adjourn for up to fifteen days and refer the parties to a person named by them or by the court. That person reports to the court on whether reconciliation succeeded.

Step 2: why the grounds of conversion and others are excluded

For conversion, mental disorder, venereal disease, renunciation and presumed death, the facts do not depend on the quarrel between the spouses, so a reconciliation effort would serve little purpose.

Step 3: the cooling-off period in section 13B

The gap between the two motions gives the couple time to rethink. The Supreme Court in Amardeep Singh held that it is directory and can be waived when the attempts at mediation and conciliation have failed and the other conditions are met.

Step 4: the Family Courts Act

Section 9 puts settlement first in every suit before a Family Court. The Family Court has counsellors and may use welfare experts. It can follow its own procedure to reach a settlement (section 10(3)). A separate note explains these courts.

Step 5: why conciliation matters

• It protects the children, whose welfare suffers most from a breakdown.
• It saves time and costs, and avoids public bitterness.
• It respects the social view that marriage should not end without every effort to save it.
• A negotiated settlement on maintenance and custody is easier to obey than an order.

Don't confuse: conciliation, mediation and counselling

Point	Conciliation	Mediation	Counselling
Who helps	A neutral person or the court	A trained neutral mediator	A counsellor
Focus	Settling the dispute, often saving the marriage	Helping parties reach their own agreement	Emotional support and advice
Result	Reconciliation or settlement	Settlement	Better understanding

Common mistakes

• Saying that the court must always attempt reconciliation. Some grounds are excluded.
• Saying that the adjournment may be for any period. The limit is fifteen days.
• Forgetting the link between section 13B and conciliation.
• Treating conciliation as a binding decision.

Apply it

Problem

In a petition for divorce on the ground of the wife's conversion to another religion, the husband asks the court to skip conciliation. Wife wants the court to try it. Who is right?

Issue

Does the duty to attempt reconciliation apply to a conversion petition?

Rule

The proviso to section 23(2) excludes the duty where relief is sought on conversion.

Application

The ground is conversion. The duty to attempt reconciliation under section 23(2) does not apply.

Conclusion

The husband is right. The court need not attempt reconciliation, though it may do so.

Leading case laws

• Amardeep Singh v. Harveen Kaur

  Facts. A couple married in 1994 had lived apart since 2008. They settled all disputes and sought waiver of the six months under section 13B(2).

  Principle. The period is directory. The court can waive it on four conditions, which include failure of attempts at reconciliation.

  Why it matters. It treats the waiting period as a chance for conciliation, not a rigid delay.

How to write this answer in the exam

Key points to remember

• Section 23(2): court must try for reconciliation before relief.
• Adjournment up to fifteen days (section 23(3)).
• Duty excluded for conversion, mental disorder, venereal disease, renunciation, presumed death.
• Family Courts Act section 9 puts settlement first.
• The section 13B waiting period gives time to reconcile and is directory.

Quick self-test

Related topics

• Role of Family Courts in Resolution of matrimonial disputes
• Divorce
• Matrimonial Remedies under the Hindu Marriage Act, 1955