Madras HC: Advocates Should Be Builders of Family Peace, Not Destroyers

The Madras High Court has emphasized the critical role of advocates in resolving matrimonial disputes amicably, urging them to prioritize peace over conflict. The Court highlighted that lawyers have a social responsibility to protect the family structure and avoid actions that could worsen disputes. These remarks were made while the Court upheld a Family Court’s decision to grant divorce to a husband after significant conflict and violence in his marital life.

Court’s Observations on Advocates’ Role

• Advocates Should Promote Reconciliation:
  • The Court stressed that advocates should work to resolve disputes, not escalate them.
  • It stated, “The advocate should try to make the marriage, not break it. The advocate should be a builder, not a destroyer.”
• Avoid Exaggerations in Complaints:
  • Lawyers were advised to ensure small incidents are not exaggerated into serious allegations in criminal complaints.
  • The Court added that advocates must inform clients about the legal consequences of filing false complaints.
• Ethical Standards for Advocates:
  • The Court highlighted the importance of maintaining professional ethics and suggested that advocates should play a neutral role in family disputes.
  • Lawyers should advise clients to rethink false allegations or even decline to represent them if necessary.

Case Background

• The case involved appeals filed by a wife challenging the Madurai Family Court’s orders, which had:
  • Granted her husband’s petition for divorce.
  • Rejected her plea for restitution of conjugal rights.
• Allegations by the Husband:
  • The husband claimed his wife pressured his father to partition the family property and threatened suicide.
  • A violent attack by the wife’s relatives during the case proceedings led to his father’s death and injuries to himself and his mother.
• Defense by the Wife:
  • The wife denied the allegations and argued that the Family Court should not have considered events like the father-in-law’s death.

Madras HC’s Decision

• Subsequent Events Are Relevant:
  • The Court upheld the Family Court’s decision to consider events like the violent attack and death of the husband’s father to assess whether reconciliation was possible.
  • The bench remarked, “It is inhuman to ask the husband to forget these events and live with the wife as if nothing happened.”
• Breakdown of Matrimonial Peace:
  • The Court noted that matrimonial peace is the foundation of a marital relationship, and in this case, that peace had irreparably broken down.
• Appeals Dismissed:
  • Concluding that there was no bona fide effort by the wife to restore the marriage, the Court dismissed her appeals.

Court’s Suggestions to Advocates

• Encourage Amicable Settlements:
  • Advocates should guide parties toward peaceful resolutions rather than escalating conflicts.
  • In family matters, lawyers should suggest reconciliation whenever possible.
• Seek Professional Counselling:
  • In complex disputes, advocates should seek help from qualified counselors to provide appropriate advice.
• Avoid Unethical Practices:
  • Advocates must refrain from drafting complaints with exaggerated or false allegations.
  • The Court warned that the Bar Council could take action against lawyers who act unprofessionally.

Case Title: ABC v XYZ

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