The Calcutta High Court expressed disapproval of trial courts offering unwanted advice in divorce proceedings. It emphasized that only the couple involved can decide on reconciliation. This follows a case where a trial court suggested a couple reunite for their child’s sake, which the High Court deemed inappropriate and beyond the court’s jurisdiction.
Kolkata: The Calcutta High Court expressed its strong disapproval of trial courts “sermonizing” and offering unwanted advice during divorce proceedings.
The court emphasized that the individuals involved are the best judges of their ability to coexist, given their personal differences.
In the case under review, a trial court had advised a couple seeking a divorce to overlook their differences for the sake of their only son and suggested that their petition should be dismissed.
The bench remarked,
“Such sermonizing needs to be deprecated, since it is only the parties to the dispute who are the best judges of whether they can live together in view of the skirmishes between themselves.”
Unwanted advice during divorce proceedings can create confusion, stress, and even lead to wrong decisions. Family members, friends, or well-meaning people may share opinions that are not legally correct, creating unrealistic expectations or decisions that could harm the case.
This advice can add unnecessary pressure, divert attention from the legal strategy, and cause one to make choices that are not in their best interest. In some cases, it may even lead to unnecessary fights or delays, making the divorce process more complicated. It is important to listen to a qualified lawyer and avoid distractions from people who are not experts in the matter.
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Sermonizing means giving moral or religious advice in a way that may sound moralistic or self-righteous. It involves offering opinions or suggestions in a way that feels condescending or instructive, often without considering the feelings or needs of the person being advised.
In divorce proceedings, sermonizing could happen when people give unwanted moral advice on what someone “should” do, ignoring the legal and emotional difficulties involved. This kind of advice often feels more like a lecture than real help, adding extra pressure to an already tough situation.
Divorce in India is governed by various laws based on the religion or personal laws applicable to the individuals concerned. The primary legal provisions for divorce include the Hindu Marriage Act, 1955, which applies to Hindus, Buddhists, Jains, and Sikhs, and the Special Marriage Act, 1954, which governs interfaith marriages.
For Muslims, divorce is regulated by personal laws, partly codified under the Muslim Personal Law (Shariat) Application Act, 1937, and the Dissolution of Muslim Marriages Act, 1939. Christians and Parsis follow the Indian Divorce Act, 1869, and the Parsi Marriage and Divorce Act, 1936, respectively. Grounds for divorce typically include cruelty, desertion, adultery, mental illness, and irretrievable breakdown of marriage, as specified under the respective laws. The Family Courts Act, 1984, provides for the resolution of matrimonial disputes in family courts across the country.