Celebrity private affairs require utmost sensitivity to avoid public spectacle: Divorce lawyer Mrunalini Deshmukh

Speaking to The Indian Express, divorce lawyer Mrunalini Deshmukh, who has handled cases of Bollywood A-listers including actor Aamir Khan, reflected on the impact of public scrutiny on the private lives of her celebrity clients and the stress it causes when media reports on their personal turmoils.

Edited excerpts follow:

Does media coverage about matrimonial or family disputes of celebrities impact them or their lawyers in any way?

Deshmukh: The media coverage of these issues are related to their celebrity status and not to the issues of marriage. For example, there is a person from bollywood or if there is a person from a big industrial house or a social media influencer.

The celebrity status of the person becomes an attraction for the media to do that, because there is always an inquisitive trade in the media to peep into even the personal lives of the parties concerned.

The kind of law that I’m in deals with the family law, with marriage, the custody of children or distribution of the family wealth, etc. It does not impact in a court of law, but maybe socially it may have some impact.

In terms of lawyers, they are just officers of the court and they’re just representing their clients in the court of law or in case they’re having negotiations outside the court.

They don’t get impacted, they don’t need to be protected at all, especially the kind of law that includes matrimonial and family disputes. What is required is the highest standard of integrity.

The matters need to be dealt with in the highest sensitivity because we don’t want a public spectacle of a private affair or a private problem between two people who happen to be celebrities.

How do celeb lawyers ensure their client’s privacy and reputation are protected during proceedings in the case of celebrities?

Deshmukh: I will give my example. I follow very strict ethical principles. One should not talk about the cases that one is handling. If the media calls me about a particular case that I’m doing, and ask am I handling the case? I clearly say – no comments. If they ask, is it true that your client is doing x, y, z? Again no comments because the matters are sub judice.

It is very unethical and incorrect, and improper for lawyers to talk about their cases, especially if they’re celebrities or they’re from social media. As a lawyer I would never, ever disclose unless the media comes to know from their own source, then that’s the issue.

Have you as a celebrity lawyer seen any case getting impacted by a media trial? Are courts sensitive towards such cases being reported in the media?

Deshmukh: There were a couple of cases I can recall, which were impacted because there were a lot of things in the media. It does affect in one way or another. It causes a lot of stress to the litigant’s concern because today they are in the public eye for the wrong reason and not for the right reasons.

I have dealt with such cases and at that point in time, and time and again, we say that no media trial, no bringing about speculation or bringing about any kind of things with the person’s concern.

That is why I’m saying that you need to have the highest value systems in these lawyers who are dealing with these cases to stick to doing your profession of working for the benefit of the client and in the interest of the client inside the court.

In family matters we also indulge in having out of court settlement meetings between lawyers and parties before mediators to resolve the issues. That is your duty as a lawyer. Your duty is not to talk to the press.

On the other hand, if a particular litigant who is a celebrity wants it to come to the media because he or she wants his point of view to be put across on a public platform, then as a lawyer I cannot do anything.

Should such personal cases be reported in the media at all then?

Deshmukh: The reporting of personal cases in the media is not required at all. It causes a lot of stress to the parties. It causes a lot of damage, particularly, if there are children involved. It causes a lot of damage if there are parents and elders and others involved in the whole situation.

Suppose I am appearing for someone and I say in court that you should look at this article in the media outlets, we have talked about, this is how it is happening, the courts are going to say that “it is no indication; that is no evidence that you are going to prove”.

The newspaper report has no evidentiary value in a court of law, unless it’s tested by the principles of evidence.  Suppose you are the reporter, then I call you, then I cross examine you, the court cross examines you and finds the truth.

But simplicitor, only taking a newspaper report and showing it to the court that this is what it is, the courts are not going to accept it.

How do you maintain confidentiality and professional ethics in such cases?

Deshmukh: That is the core values that I have. I always tell my clients that do not worry, what is there. Firstly, it is a privileged communication between a client and the lawyer. What you talk to me or what I advise you is only within these four walls of the room. Nobody can be compelled to say anything.

Secondly, so long as this is in my office, in my discussion, the media will not come to know about it or the media will not be informed about it.

But, if the document goes in the public domain that it is filed in the court. Suppose, the petition is filed in the court. I have no control over how the media people get access to the court proceedings or court law documents. This is what I tell all these people. But, their concern is always there. How can they be protected?

Does media attention ever interfere with negotiation or settlement talks between the parties?

Deshmukh:  As far as I’m concerned the negotiation or settlement between the parties are not affected by the media attention.

When I’m conducting matters on behalf of my client and arguing, I am not influenced by what the media says.

I’m very single-mindedly focused on what is in the best interest of my client, and if there are children involved in it, what is the best interest of the children.

Can settlement, and not, battling it out in court, be a better option in such cases?

Deshmukh: We tell all our clients, big or small, even if the client is a small worker or a person is a celebrity. We are litigating lawyers, we are in courts every day fighting.

But litigation is the last recourse that you must take first, explore all options of doing it peacefully, amicably, whether it is through family, whether it is through friends, or whether it is through your social contacts, or even before going to court, before with the lawyers or the legal advisors. At every step it has to be done gracefully and amicably.

What advice would you give clients on managing media scrutiny during ongoing judicial proceedings?

Deshmukh: I think the only thing we tell our clients as far as media scrutiny is concerned is that please do not divulge anything. I give them two standard statements to be made to the media.

Number one: Matters are sub judice or no comments or thank you for asking. That’s it.

How do you assess the challenges of proving “continual” domestic violence, including emotional and financial abuse, under India’s Domestic Violence Act, especially when allegations span years across countries?

Deshmukh: What is available and permissible within the statute, within the laws, within the legal framework, everybody can exercise that option. It is for the courts to decide if they are satisfied, whether such a thing is possible, whether they can entertain petitions, whether there are any options given, whether any relief should be given.

We cannot interfere in what the courts have to do. We can put forward our client’s case even if it is across the globe. Our job is to present to the court the best possible case or scenario for the client.

Then it is the court who decides whether it is acceptable, agreeable, what are the reliefs to be given or not.

The domestic violence act has got a very large and wide ambit. There are quite a few cases where even after the divorce has been granted, if there are certain things, even after the petitions are filed there are cases which are filed subsequent to that for domestic violence.

All those things are there, but that is for the courts to decide – how genuine a document or how genuine the complaint is, or is it only as a pressure tactic or is it only to create some sensationalism?

Divorce experts often opine that cases involving celebrities are not just legal battles instead they are public spectacles and unlike ordinary divorces and property disputes, these cases come with heavy media scrutiny, public curiosity, and a pressure to balance legal objectives with responsibility.