The Delhi High Court has advised lawyers not to make matrimonial disputes worse by pushing for false or unnecessary allegations. The court said that lawyers should act sensibly and try to calm things down instead of adding to the fight. It said that such actions can harm relationships and make it harder to settle matters. This comment was made during a case where a couple had accused each other of cruelty.
New Delhi: The Delhi High Court has stated that lawyers should guide their clients in matrimonial disputes towards resolution instead of escalating allegations against one another.
A bench consisting of Justices Prathiba M. Singh and Amit Sharma noted that litigants in such cases often endure emotional trauma, with their personal lives significantly affected, and acknowledged their frustration and exasperation.
The judges emphasized the importance of peace and tranquility in these matters, asserting that the behavior of litigants must remain within the legal boundaries.
The court stated in an order issued on April 7,
“Lawyers also have a great responsibility in such matters not only towards their own client but also towards the court and society. Peace and tranquility are extremely necessary. Lawyers ought to advise clients towards resolution of disputes rather than making and fuelling allegations against each other,”
The court continued,
“Allegations in such matters could be taken extremely personally which could lead to clients misbehaving with opposing counsels, though the same cannot be justified in any manner. Finally, however, the conduct of litigants in such matters cannot cross the boundaries which are prescribed in law.”
These remarks were made while imposing a cost of Rs.1 lakh on a husband, to be paid to his estranged wife, for his inappropriate behavior in family court, including using profanities directed at the wife’s counsel.
In response to a woman’s request to initiate criminal contempt proceedings against her husband and to impose a six-month jail sentence, the bench remarked that while numerous incidents had taken place during the proceedings in both the high court and family courts, the husband could not be entirely blamed.
The court recognized that certain circumstances may have provoked his behavior, stating that “if there were allegations against the wife’s counsel, the husband should have followed the appropriate procedures, as hurling abuses in court would not be permissible.”
In July 2024, the husband allegedly directed profanities at the counsel in family court, causing a disturbance. It was noted that he had undermined the proceedings by using abusive language not only against the wife’s lawyer but also making disparaging remarks about the judge.
The court observed that “the matrimonial dispute had devolved into an ugly spat between the lawyers.“
Considering the context of the case, the husband’s expressed remorse, and the fact that he had an ailing father, the court admonished him and instructed him to apologize verbally to the wife’s counsel.
It ordered,
“Apart from the admonishment and the apology, the respondent (husband) shall also pay costs of Rs.1 lakh to the petitioner,”
Additionally, the court mandated that he continue to provide maintenance and pay the school fees for their minor children.
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