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Lawyers Should Help Resolve Matrimonial Disputes, Not Add Fuel To Fire For Divorce: Delhi HC

 

GUWAHATI: The Delhi High Court has observed that lawyers have a duty to guide estranged couples towards resolving matrimonial disputes instead of aggravating tensions between them.

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In a recent ruling, a division bench of Justices Prathiba M. Singh and Amit Sharma made the remarks while adjudicating a criminal contempt case involving a husband who created a ruckus in a family court, according to a BarandBench report.

The man, embroiled in a divorce and related legal disputes, had hurled abusive remarks at the court and his wife's counsel during a hearing. The Court held him guilty of criminal contempt on July 29, 2024.

The man further alleged that his wife’s lawyer demanded money to settle the case and that his wife had taken property documents from him. However, the court noted that any grievance against a lawyer should be addressed through the bar council and not through outbursts in open court.

The court also warned that even when allegations are taken personally, litigants cannot act in a manner that crosses legal boundaries. Although the man apologised for his conduct, his estranged wife argued that his apology was insincere and urged the court to impose a strict penalty.

Taking into account the remorse shown, as well as mitigating circumstances including the man's ailing father, the court directed him to offer an oral apology in open court to his wife's counsel. He was also ordered to pay ₹1 lakh as costs.

While acknowledging the emotional trauma and frustration often experienced in matrimonial disputes, the bench said lawyers should play a constructive role in resolving such matters. “Peace and tranquillity are extremely necessary,” the court said. “Lawyers ought to advise clients towards resolution of disputes rather than making and fueling allegations against each other.”

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