Matrimonial Disputes Can Be Frustrating For Parties Involved; Lawyers Must Not Fuel Allegations But Advise On Resolution Of Disputes: Delhi HC

A division bench of Justice Prathiba M. Singh and Justice Amit Sharma remarked, “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. 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.”

The Court was hearing the petitioner/wife's plea seeking initiation of criminal contempt proceedings against the respondent/husband and awarding him six months of imprisonment.

The petitioner's counsel argued that respondent's wilful misconduct and contemptuous behaviour directly obstructed the administration of justice. She stated that the petitioner's application for maintenance remains undecided due to respondent's conduct. The counsel further submitted that respondent's disruptive and scandalous conduct also forced the Family Court Judge to recuse from the case.

On 29 July 2024, the High Court had found the respondent guilty of criminal contempt due to his misbehavior in the Court and comments passed by him against the petitioner's lawyers. The respondent had hurled abuses during court proceedings and misbehaved before the Family Court. He also failed to abide by the Court orders concerning maintenance.

On his behavior, it commented, “Various incidents had taken place during the Court proceedings both in the High Court and in the Family Courts, though, this Court is of the opinion that the entire blame cannot be put on the Respondent. There appears to be some circumstances which have provoked him to such behavior. If there were any allegations against the counsels for the Petitioner, the Respondent ought to have adopted the proper course of action. Hurling abuses in Court would not be permissible. This Court also faced an enormous challenge in impressing upon the Respondent that he ought to fully comply with the orders passed by the Court.”

Nonetheless, the Court noted that on the last date of hearing, the respondent tendered an apology and stated that he would pay Rs. 15 lakh to the petitioner as per the Court's order. While reprimanding the respondent's behaviour, the Court took note of his apology and discharged the contempt notice.

The Court directed the respondent to tender an oral apology to the petitioner's counsel in front of the court. It also directed him to pay Rs. 1lakh costs to the petitioner.

Case title: Shikha Kanwar vs. Rajat Kanwar

Citation: 2025 LiveLaw (Del) 433