Gujarat HC
Gujarat HC
Litigation News

Caste system is making it difficult for young people to decide own life partner: Gujarat HC while extending protection granted to couple

Aishwarya Iyer

The Gujarat High Court made pertinent observations on the problems faced by young couples on account of the caste system while extending the police protection provided to a couple who had married against the wish of the girl's parents.

The Bench of Justices Sonia Gokani and NV Anjaria noted,

"Caste system in the country is making it more and more difficult for the young people to decide their own life partner and the rigidity in the minds of adults in the family becomes the serious cause of division of human relationship."
Gujarat High Court

The Court added that this is also making it extremely difficult for the administration to handle the social and emotional upheaval that may follow, which eventually culminates in a legal battleground.

The petitioner in the case had moved the High Court under Article 226 of the Constitution of India following the act on the part of his wife's family to take her back to their home after her marriage with the petitioner.

The High Court had earlier provided protection for the couple on February 11, 2020.

On the High Court's order issued on June 9, the petitioner's wife was produced before the High Court through video conference. She was physical produced at a District Court at Palanpur. The Additional District judge was also present to assist the Court.

Although the petitioner's wife expressed her desire to join her husband and told the Court that she was carrying their child, the High Court noted that her mother appeared to be quite adamant. The mother is also stated to have tried to emotionally blackmail the Court by stating that she may have to end her life if her daughter continued to express her desire to join her husband.

All the same, the High Court directed that the police escort the petitioner's wife to her matrimonial home, and that the police protection given to them be continued for another 4 months.

Further, the Additional District Judge was requested to make an attempt to bring an amicable solution between the parties and if he deems it proper, he may refer the matter to the Mediation Center, Palanpur eventually.

The High Court added that an attempt could also be made by the officer investigating the earlier complaint of the petitioner against the family members of his wife to bring an amicable solution between the families, by way of social policing.

Read the Order here:

NITESHKUMAR MULCHANDBHAI PRAJAPATI v STATE OF GUJARAT.pdf
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