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Delhi High Court Calls on Lawyers in Matrimonial Cases to Encourage Resolution, Not Conflict

In a recent ruling, the Delhi High Court underscored the crucial role that lawyers play in matrimonial disputes, urging them to guide clients toward resolution rather than aggravate existing tensions. The court emphasized that legal professionals have a responsibility not only to their clients but also to the broader society and the integrity of the legal system.

The bench, consisting of Justices Prathiba M. Singh and Amit Sharma, acknowledged the emotional turmoil often involved in divorce proceedings, noting that personal lives are upended, and frustration runs high. Despite this, the judges stressed that lawyers should steer their clients toward peace and reconciliation, rather than stoking further animosity through inflammatory accusations.

“The distress caused by these matters is understood, but the role of a lawyer goes beyond merely representing their client’s interests. They must contribute to the harmony of the proceedings, guiding their clients toward constructive resolutions,” the court stated.

The judges also noted that personal attacks, especially in sensitive matrimonial disputes, can escalate tensions, but cautioned that such behavior cannot justify legal misconduct. The court pointed out that even if parties involved take matters personally, they must not allow their conduct to breach legal norms.

The case at hand involved a man who faced criminal contempt charges after hurling abusive remarks during a family court hearing. He had accused his estranged wife’s counsel of attempting to extort money for settlement and alleged theft of property documents. This outburst occurred amidst multiple ongoing legal battles, including divorce, cruelty, and domestic violence claims.

In response to the incident, the High Court found the man guilty of criminal contempt, dismissing his claims as unfounded and inappropriate in a court of law. The court noted that had the man truly felt wronged by the lawyer’s conduct, he should have raised the issue with the Bar Council, rather than disrupting proceedings.

The husband later offered an apology for his actions, but his wife rejected it, arguing that it was insincere and urged the court to impose a strict penalty. Taking into account his expressed remorse, his father’s ill health, and other mitigating circumstances, the court ordered him to publicly apologize to his wife’s counsel and pay ₹1 lakh in costs.

The ruling serves as a stark reminder of the importance of maintaining decorum in the courtroom, particularly in emotionally charged matrimonial cases, and of the role lawyers play in promoting resolution over conflict.

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