Gujarat High Court: The Division Bench of Sonia Gokani and N.V. Anjaria, JJ., while addressing a matter for protection of a couple, stated that
By way of social policing, attempt can also be made by the officer concerned who is investigating the earlier complaint of the petitioner filed against family members of the corpus and to make an attempt to bring an amicable solution between the families.
In the present matter, Corpus was produced through Video Conferencing at District Court, Palanpur.
Additional District Judge, Robin Mogera helped the Court in specifying the girl-corpus and further the Bench noticed that the corpus expressed her desire before the ADJ to join her husband. She also confirmed that she was carrying foetus in her womb of the petitioner.
Court had protected both the petitioner and the corpus who had married against the wish and will of the girl’s parents.
Even during the video conference it is quite visible that girl’s mother tried to emotionally blackmail by the stating that she may have to end her life if corpus continues to express her desire to join her husband.
Court requested the ADJ to make an attempt to bring an amicable solution and if he deems fit, he may refer the matter to the Mediation Center.
Protection to the couple shall continue for 4 months, Thereafter the matter shall be posted before the Superintendent of Police, Palanpur, who shall decide as to whether to continue such protection or not.
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.
Further the Court added that it gets difficult for the administration to handle social and emotional upheaval which eventually turn into legal battleground. Petition was disposed of in the above-view. [Niteshkumar Mulchandbhai Prajapati v. State of Gujarat, 2020 SCC OnLine Guj 897 , decided on 17-06-2020]
