Advocates Warned Against Exploiting Young Couples; Court Orders Investigation into Arya Samaj Sanskrati Sansthan's Authority
In a significant judgment, the Madhya Pradesh High Court in Gwalior has expressed concern over the misuse of writ petitions seeking police protection in cases of marriage, emphasizing that such petitions should not become a routine ritual without genuine threat perception. The court's ruling came in response to a writ petition filed by Smt. Geeta Sharma seeking police protection for her and her husband, a petition initiated without any real threat to their safety.
The court, presided over by Justices G. S. Ahluwalia and Pushpendra Yadav, heard that the couple had been advised by Advocate Akash Goyal, who charged them Rs.40,000, promising not only to facilitate their marriage at Arya Samaj Sanskrati Sansthan but also to secure police protection through a court order. The couple, after obtaining the order, was misled into believing they were free to live without any further legal obligations.
The bench highlighted the potential harm of such practices, noting that misuse of police protection petitions could undermine genuine cases where real threats exist, such as in instances of honor killings. The court stressed the responsibility of advocates to avoid exploiting young couples and misusing their professional positions.
In addition to addressing the misuse of police protection petitions, the court directed an investigation into the legality and authority of Arya Samaj Sanskrati Sansthan to perform marriages, particularly when facilitated by third parties for monetary gain. The Additional Advocate General, Shri Rajesh Kumar Shukla, acknowledged the lack of prior investigation into the institution's authority and committed to further examine the matter.
The court upheld the couple's right to live according to their wishes, as there was no threat perception following their marriage. The petition was disposed of, granting Smt. Geeta Sharma the liberty to reside with her husband, emphasizing the importance of respecting the autonomy and choices of consenting adults.
Bottom Line:
Petitions for police protection in cases of marriage should not be misused as a routine ritual without real threat perception, as it may undermine genuine cases requiring protection.
Statutory provision(s): Article 226, Article 21 of the Constitution of India
