Chandigarh: Lawyer to part ways with Rs 25,000 for misleading court on runaway couple’s plea

Tribune News Service

Saurabh Malik

Chandigarh, May 6

A lawyer has been directed to part ways with Rs 25,000 for making a runaway couple believe that they had tied the knot with trouble and only the high court could come to their rescue.

Taking note of how the wedding turned into a marriage of inconvenience for the “young children” who had never seen the courts before, the Punjab and Haryana High Court imposed exemplary costs, but after rapping the advocate for filing a frivolous petition and making a dead man party to the litigation.

The judgment by Justice Alok Jain of the high court is significant as it is liable to serve as a cautionary tale for the runaway couples everywhere –– before saying “I do” to filing a protection petition, make sure it is not just a frivolous plea in the eyes of the law.

Justice Jain rang the alarm bells on misleading legal advice after interaction with the two revealed that they were apparently “a very happily married couple” and there was no threat to their life and liberty.

The two told the Bench that they were asked by the counsel to file the petition “to get the marriage registered through the high court”. It also transpired during the interaction that the groom’s father, made a respondent in the petition, had already expired. The bride also told the Bench that her family, except her father, attended the marriage.

Justice Jain asserted apparently there was no threat, except for the fact that the bride’s father was a little upset due to their inter-caste marriage. The Bench added that the courts were daily flooded with protection petitions. One of the reasons for the same was the advice given to the parties to file such petitions, despite the absence of threat.

Justice Jain added the petitioners, in a relationship, took the decision to get married, but were made to believe that their life was in danger and only the high court would register their marriage and protect them, which was not “the true picture”.

Justice Jain asserted: “Had the counsel advised the petitioners properly, not only the money spent by the petitioners could have been saved, but the precious court time in hearing this frivolous litigation could also have been saved. It is a matter of serious concern as the court is already saddled with such matters and the time spent on this case could have been utilized for hearing a genuine matter.”

Justice Jain also expressed hope that such frivolous petitions would not be filed in the future and the counsel would be more responsible. He would seek complete and relevant instructions from the clients before instituting a case.

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