The Delhi High Court recently observed that when tempers run high in matrimonial cases, lawyers have a duty to advise warring spouses to resolve disputes between them rather than add fuel to the fire. .A Division Bench of Justices Prathiba M Singh and Amit Sharma said that lawyers have a great responsibility in such matters, not only towards their clients but also towards the Court and society.“This Court is conscious of the frustration and exasperation of parties, especially, in matrimonial disputes as their entire personal life comes to a standstill and they also experience emotional trauma. In such cases, human tendencies cannot be ignored by the Court. Lawyers also have a great responsibility in such matters not only towards their own client but also towards the Court and towards the society as well. Peace and tranquility are extremely necessary. Lawyers ought to advise clients towards resolution of disputes rather than making and fueling allegations against each other,” the Court said. .The Court acknowledged that allegations made in such cases are often taken personally, but warned that litigants cannot cross boundaries in law just because of this.“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,” it said..The Bench made the observation in a case where a man faced proceedings for criminal contempt of court after he hurled abusive remarks during the hearing of a matrimonial case before a family court, where his estranged wife was his legal opponent. He claimed that his wife's counsel had sought money to settle the matter. There were several legal disputes pending between the two, including divorce proceedings, a cruelty case and domestic violence proceedings. The man also claimed that his wife had stolen certain property documents from him.On July 29, 2024, the High Court found him guilty of criminal contempt of court. The High Court held that there was no reason for the husband to create a commotion in open court and cast aspersions against his wife's counsel as well as the family court. The High Court said that if the man had any grievance against a lawyer, he should have approached the Bar Council with a complaint. .The man apologised for his conduct. However, his wife contended that this apology was not genuine and urged the Court not to show any leniency while deciding on the punishment to be imposed for his conduct. .The Court eventually directed the husband to tender an apology to his estranged wife’s counsel in court and pay ₹1 lakh as costs.“Bearing in mind the background of this matter and the remorse expressed by the Respondent, as also the mitigating circumstances such as his ailing father, this Court admonishes the Respondent to ensure that in future such conduct is not repeated and directs him to tender an oral apology to the ld. counsel for the Petitioner in front of the Court,” the Court added..Senior Advocate Pinky Anand with Advocates Rosemary Raju, Adharsh Kothari and Sitwat Nabi appeared for the wife. Senior Advocate Sanjay Dewan with Advocates Anish Dewan, Garima Verma, Ayush, Kashish Jain, Liza M. Barwah and Harshita Goel appeared for the contemnor-husband. .[Read Order]
