Why High Court Protection Is Essential For Couples?

The High Court helps to provide various protections to couples, like from domestic violence, to ensure the safety of persons. The court also provides the protection to the couples who marry with their own choice or even unmarried couples can also seek. 

It is a private choice between two individuals who are adults. Those spouses who marry by their own choice have found themselves in a difficult situation where they are not accepted by their families due to any reason like inter-caste marriage, live–in-relationship, inter-religious marriage, or not being accepted by society or family pressure due to society.

In these situations, it becomes very important to use the legal system to safeguard such couples. So these married couples seek protection from the police through the High Court. The lawyer helps the couples to apply for high court protection.

Laws Related To High Court Protection

The Article 226 of the Constitution of India, helps the couples to obtain HIGH COURT PROTECTION through the “THE WRIT OF HABEAS CORPUS”/ MANDAMUS The couples have a right to approach the high court to obtain protection if they are harassed and threatened by the family and relatives.

THE SECTION 528 OF BNSS, 2023, this section helps couples to get protection against harassment and threats from their loved ones.

Who Can Apply For High Court Protection?

• The couples who have inter-religious marriage, inter-caste marriage, etc.
• Who are in live-in-relationship and attain marriage age.
• Those who are live-in together but have not divorced their spouses,
• Homosexual couples can also obtain protection from the court.
• All other people who have fear of endangerment of life.
• Those couples who are not accepted by society, etc.

The High Court Helps In Couples Protection:

• The protection of the couple by granting the order for the safety of couples.
• The High Court helps in providing safe shelter to the couples.
• The court helps in providing legal advice to the couples through their legal expert and provides remedies.
• The High Court gives orders to the police to protect the couples.
• The High Court can give orders to resolve the dispute through meditation. The court arranges the mediation and counselling for the couples.
• The Court can give orders to the respective authorities for the enforcement of the protection orders.

Role Of Advocates In Granting The High Court Protection

• The lawyers help in advising the couples for the High Court protection.
• They collect all information from the client and gather it for the filing of a petition for the protection of the couples.
• They draft the petition and file it to the High Court.
• Afterward Advocate represents in the court proceeding.
• The couples try to collect all the evidence to support their case.
• Advocates make proper research on previous cases, judgments related to protecting the couples.
• Advocate work as a mediator between the couples and the authority who is involved in protection of the couples.
• The advocates continue in contact with the authorities for the enforcement of the order of court for protection of the couples.

Which Document Is Necessary For High Court Protection?

• Provide the photographs of the Marriage.
• The certificate of Marriage is very important.
• Aadhar card of both the parties.
• Birth certificate of both the parties.
• At least 3 witnesses and their Aadhar card.

Case Laws:

In DEEPIKA AND ANOTHER V. STATE OF U.P AND 3 OTHERS (AIR 2013), the Supreme Court held that police officer will not harass the young couple who are major and voluntarily live together, they have a right to live together no one can harass and threat even their parents.

In SHAFIN JAHAN VS. ASHOKAN K.M (AIR 2018), the Supreme Court held that everyone has a right of their personal happiness under Article 21 of Constitution of India, it falls under right to personal liberty. The court said that both married and unmarried couples have a right to protect themselves from harassment.

Conclusion

Now we can say that couples have a right to marry with their own choice and live their life in their own way. It means every young person who attains 18 years of age has a right to choose their partner, no one can interfere in their life. Many parents have an objection against the marriage of their children if their children marry against their will they start harassing and torturing them. The High Court provides protection to couples who are harassed by their family and relatives. They provide a good environment for all individuals who want to marry with their choice without any fear.

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