Family Counselling in Family Court: An Analysis of Psycho-social Dynamics of Families of Litigants (Thrissur Family Court)  

Lizy James*

In Kerala, tremendous changes have taken place in the social milieu during the past two to three decades. The inflow of Gulf money has totally changed the life style of its people. Even this small State is not free from the consequences of globalisation. Foreign mass media have seriously affected the value system of our youth. The surge of nuclear families has weakened the social support system. People of Kerala have become the victims of consumerism. Cultural breakdown has given rise to growth of suicides, criminality, alcoholism, and other types of deviant behaviour. Child prostitution and trafficking in the girl child has become very common in Kerala.

One of the important social institutions, the family, has lost its sanctity. The number of broken homes and cases of divorce increase in tandem with the pace of social change. Because of gender sensitisation and increased awareness, women have started to respond to atrocities against them. It is observed that the number of cases filed by women before the family courts have increased in recent years. Since the inception of Family Court in Thrissur, in 1994, 3816 cases have been filed until the month of August 1998. This fact calls for increased attention of mental health professionals and social workers to their role of preserving the sanctity of families.

The present study is based on the experience of the counsellor in the family court Thrissur. It throws light on the psycho-social dynamics involved in the families that seek service of the counselling centre of the family court.

In Kerala, there are five family courts, one each in Thiruvananthapuram, Kollam, Kozhikode, Thrissur, and Kottayam. In all the five centres, marriage counsellors work with dedication and social commitment.

The aim of the current investigation is to study the psychosocial dynamics in the families of the couples who seek assistance from the counselling centre in Thrissur Family Court.

The following are the objectives of the study:

(i)                 to study the socio-demographic details of the petitioner and the respondent;

(ii)               to understand the family details of the petitioner and the respondent;

(iii)             to assess the marital details of the parties;

(iv)              to study the family dynamics involved in the problem; and

(v)        to analyse the problem presented by the petitioner and the respondent.

The present study drives home the fact that incidence of marital breakdowns in Kerala is on the increase in recent years. Not only are the couples affected adversely by marital breakdown, the other members of the family especially the children as well undergo severe traumatic experience. The major reasons for marital breakdown include physical and mental cruelty, extra-marital relationship, alcoholism, mental illness, suspicion, mental retardation, and suicidal attempts. These indicate the state of mental sickness of our young married people, especially those who experience marital discord.

In the light of our findings, we propose an action programme that comprises both remedial and preventive action.

Curative Programmes

(i)         Families that experience marital discord should be provided with counselling facilities and other mental health promotion programmes by mental health professionals such as psychiatrist, psychologists, and psychiatric social workers.

(ii)        Since alcoholism is a major reason for physical and mental cruelty leading to marital discord, steps are necessary for discouraging alcohol consumption by the public and de-addiction of alcoholics.

(iii)      Panchayati Raj Institutions should identify individuals and families with marital problems, and refer them to the mental health professionals, who will be able to help them out.

(iv)       Panchayati Raj Institutions may form marriage-counselling cells with adequate mental health professionals, so that individuals and families would be able to approach them for counselling services.

Preventive Programme

Pre-marital courses may be arranged for adolescents and youth of marriageable age by religious institutions, non-governmental organisations, and Panchayati Raj institutions as part of the people’s development programmes.

(i)         The schools and colleges should provide adequate, scientific, and value-based knowledge to the students on marriage, sexuality, and responsible parenthood.

(ii)        Interested teachers of schools and colleges should be identified and they should be provided with scientific knowledge and skills in providing mental health promotion counselling through different training programmes.

(iii)       Training programmes / seminars / workshops should be arranged by Panchayati Raj and other institutions for couples regarding family life, parenting skills, and stress management.

(iv)        Ayalkoottoms formed in each panchayat should identify and refer individuals and families with mental health problems to the mental health professionals.

(v)        Self help / support groups may be formed for individuals going through the process of matrimonial litigations, together with those who have already obtained divorce. These groups should help sharing experiences and feelings for them to become mutually supportive, to share information about legal provisions and procedures, and to develop skills to cope with the crisis of marriage breakdown. Such self-help groups may be formed separately for women, men, and for children of divorced couples.

 * Lizzy James is Head of the Department of Social Work, Vimala College, Thrissur.