Response

Counseling provided by the court to sort out their issues through proper advice. If the parties not Willing to reunion in the marriage life they can inform the same to the mediators to refer the case to the court for further proceeding. Once the counseling failed by refusal of parties or by the non appearance of parties they the counselor shall refer the case to the court by referring that the counseling was failed. In Your case, if he is not present in the further hearing, the counselor may fixed another date for further counseling or refer case to the court mentioning that the counseling has failed. After that the court will order other party to file counter in the said case.
There is no any mandatory to attend the counseling. But instead of proceeding further in the regular court for a long time, the counseling be conducted. If you already conveyed your decision to counselor, then he record and forward it to the regular court for proper order. In case the counselor asked the party to come for third time you may go or express you inability to go through your counsel. Further more, if you not satisfied with the proceedings in counseling, you may request the counselor to back the papers to regular court where you filed the original case.

Reference: Special Marriage Act, 1954

20210049-20210042-6163

LAWAYZ-2023-718