Advocates has to guide the clients in such way that clients are advised the best available option at their disposal and they should not take up a case which is not worthy a trial in the court of law.
for example kindly go through the below case, case in which a girl who has attained major has married a person against the wish of the mother, the advocate should have advised them that a girl who has attained majority is at liberty to choose her life partner but instead a writ petition was filed and cost of the advocates fee is burden on the family which is already in an agony due the loss of their daughter love and companionship.
Habeas corpus petition filed under Article 226 of the Constitution of India
praying for a writ of habeas corpus directing the respondents to produce the
detenue namely xxxxyyyy aged 17 years, before this Court and set her at
liberty forthwith.
Invoking the writ jurisdiction of this Court, one Mrs.xxxxx has
brought forth this petition for a writ of habeas corpus.
2.The case of the petitioner in short is that her husband is working in
P.W.D. on temporary basis; that her daughter xxxyyyy, the alleged detenue,
was doing XII Standard in a private tutorial college at ffffffff; that she
left for the college in the morning hours of 24.12.2009, but did not come back;
that on enquiry, the petitioner came to know that she was actually kidnapped by
one sssssss; that actually a complaint was given to the first respondent
police; that a case was also registered under Sec.366-A of IPC; but no steps
have been taken to trace her, and under the circumstances, she was compelled to
file this petition before this Court.
3.On the earlier occasion, the Court issued a direction to the
Superintendent of Police concerned to monitor the investigation. But nothing
was forthcoming. Under the circumstances, the Court required the Inspector
General of Police (South) to file a report as to the stage of the investigation
and also the action taken in that regard.
4.The matter is listed this day, and a report is also filed by the
Inspector General of Police (South). The same is also looked into.
5.This day, the alleged detenue xxxxxyyyyy is also produced before the
Court. She is also enquired. According to her, she was born on 11.6.1992, and
the marriage took place between herself and sssssssss on 25.12.2009, and they
have been living together as husband and wife respectively. She would further
add that the petitioner is her mother.
6.The statement of the alleged detenue is recorded. The said ssssssssssis also produced before the Court. Now, a case has been registered against him,
and the same is pending. Under the circumstances, he has got to be produced
before the concerned Judicial Magistrate for necessary proceedings. As far as
the alleged detenue is concerned, it is an admitted position that she was born
on 11.6.1992, and now she has attained majority. Hence there is no impediment
in setting her at liberty. Accordingly, she is set at liberty, and this
petition is disposed of.
