BHOPAL: Madhya Pradesh high court has cautioned advocates against routinely advising newly married couples to seek police protection in the absence of any genuine threat, observing that such petitions should not become aritual after every marriage.The observation came from a division bench of Justice G S Ahluwalia and Justice Pushpendra Yadav while hearing a habeas corpus petition filed by a woman who alleged that an advocate charged her and her husband Rs 40,000, arranged their marriage through an Arya Samaj institution in Gwalior and assured them he would also obtain a court order for police protection.
The woman, a major, told the court she had married of her own free will, was living with her husband voluntarily and that neither of them faced any threat. Referring to the growing trend of such petitions, the bench remarked, “Whether this order of police protection has become the eighth ritual for a valid marriage or not, is a matter to be considered by advocates.”HC said advocates should not misuse their position by exploiting young couples seeking legal advice before marriage. During the hearing, additional advocate general Rajesh Shukla informed HC that no inquiry had yet been conducted to verify whether the Arya Samaj institution was legally authorised to solemnise marriages. The state assured HC that the issue would now be investigated.The bench directed the state to continue its probe into the institution’s legal status and the allegations that marriages were being arranged after charging substantial sums. HC also noted that the couple’s earlier police protection petition had resulted in directions to verify their marriage, age and the existence of any genuine threat. However, the woman’s statement made it clear there was “no threat, much less actual threat”, and the petition had been filed “without any real cause”. The bench said such a practice could dilute the urgency of genuine honour killing cases before disposing of the petition.
