The Madras High Court emphasized that lawyers in matrimonial cases should focus on conflict resolution rather than exacerbating tensions. Justices Bhavani Subbaroyan and KK Ramakrishnan criticized advocates for inflaming disputes and recommended the Bar Council of India establish ethical guidelines. These guidelines stress ethical standards, promote amicable settlements, and encourage a neutral role for lawyers in family disputes.
Chennai: The Madras High Court recently observed that lawyers representing clients in matrimonial cases should avoid “adding fuel to fire” and instead strive to resolve conflicts without inflaming tensions further. This remark came from a Bench of Justices Bhavani Subbaroyan and KK Ramakrishnan, who were examining a divorce case where the differences between an estranged couple were exacerbated by an affidavit drafted by an advocate.
Emphasizing the duty of advocates to protect, not destabilize, marriages, the Court observed,
“The duty of the advocate in these types of matters is not to blow the incident out of proportion and thereby cause turbulence to the matrimonial life. The advocate should try to make the marriage and not to break it. The advocate should be a builder, not a destroyer.”
The Court criticized lawyers who create conflict rather than mediate solutions, urging advocates to adopt a neutral, peace-building role in matrimonial disputes.
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In response to cases like these, the Court also recommended that the Bar Council of India (BCI) develop guidelines for ethical conduct in matrimonial cases. The proposed guidelines stress ethical standards, honest counsel, and a focus on conflict resolution rather than escalation. These are designed to help lawyers approach matrimonial disputes with sensitivity and neutrality.
The guidelines outlined by the Court include the following:
- Ethical Standards: Advocates should strictly adhere to ethical standards when offering advice in matrimonial cases.
- Avoid Misguidance: Advocates must avoid misleading clients or advising them to implicate unrelated parties in legal conflicts.
- Counsel Toward Amicable Settlements: Recognizing that matrimonial disputes impact families and children, advocates should promote amicable settlements whenever possible.
- Involve Qualified Counselors: When needed, advocates are encouraged to consult with professional counselors to help clients make informed decisions.
- Advise Caution with Accusations: Advocates should advise clients against making false accusations and should explain the legal consequences of doing so.
- Neutral Role: Lawyers should play a neutral role to ease tensions between both families.
- Proactive Reconsideration: If clients are set on filing potentially false claims, lawyers should encourage them to reconsider, emphasizing the broader impact on the family.
Additionally, the Court suggested that severe action should be taken by the Bar Council if an advocate acts unprofessionally while drafting complaints or filing cases in matrimonial matters.
Case Background
The High Court’s observations arose while hearing an appeal filed by a woman challenging a family court decision that granted her husband’s plea for divorce while rejecting her plea for restitution of conjugal rights. The couple, married in 2009, began facing difficulties allegedly after the wife pressured her father-in-law to divide his property. The husband claimed that she frequently threatened suicide and neglected their child, forcing a rift in their marriage.
After the husband filed for divorce, a violent altercation allegedly involving the wife’s relatives resulted in the tragic death of his father and injuries to him and his mother. Following this incident, the husband argued that reconciliation was impossible, and the family court ruled in his favor.
Upon appeal, the High Court supported the family court’s decision, acknowledging the irreparable breakdown of the marriage.
“When there is allegation of the intentional murder of the father of husband under his nose… it would be an inhuman approach to ask him to forget the past as a bad dream and to live with her and to keep a conducive matrimonial home,”
the Court remarked.
The Court also pointed out that after the husband’s divorce plea, the wife filed a criminal complaint against him and his family, accusing them of cruelty. This case ended in acquittal, further weakening her claim and highlighting the extent to which the relationship had deteriorated. Ultimately, the High Court dismissed her appeals, concluding that her conduct had “disintegrated her marriage beyond repair.”
Advocates’ Role in Matrimonial Disputes
This case brings attention to the critical role that advocates play in matrimonial disputes, where their approach can either bridge or deepen divides. The Court’s guidelines and observations urge legal practitioners to see beyond the immediate case and understand the wider consequences of adversarial tactics on family bonds.
The Court’s ruling and recommendations reflect a growing awareness of the impact that advocacy strategies can have on family dynamics. By advising the BCI to establish clear ethical standards, the Court hopes to inspire a shift toward responsible advocacy, where lawyers not only defend their clients’ rights but also work to preserve family harmony wherever possible. This approach, the Court noted, aligns with the legal profession’s role in “resolving the controversies between parties” rather than intensifying them.
In matrimonial cases, these guidelines underscore the importance of tact, neutrality, and ethical responsibility, urging advocates to act as mediators and to approach each case with the potential for peaceful resolution in mind.
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