MP High Court Protects Couple Allegedly Facing Social Boycott Over 'Same-Gotra' Marriage
The Madhya Pradesh High Court has issued notice and granted interim protection to a couple who were allegedly ostracised by a local social organisation (sangathan) for marrying within the same gotra (lineage).The division bench of Justice Subhdh Abhyankar and Justice Alok Awasthi directed the police to provide protection to the couple if they are being harassed. "Let notice be issued...
The Madhya Pradesh High Court has issued notice and granted interim protection to a couple who were allegedly ostracised by a local social organisation (sangathan) for marrying within the same gotra (lineage).
The division bench of Justice Subhdh Abhyankar and Justice Alok Awasthi directed the police to provide protection to the couple if they are being harassed.
"Let notice be issued to respondent Nos.9 to 16 on payment of P.F. within 7 working days returnable within 6 weeks. Counsel for State is directed to file reply. In the meantime, it is directed that if the appellants are harassed and they require police protection, then adequate measures be taken by the concerned police".
Per their petition, the couple had first filed a writ petition which was dismissed by the Single Judge on the ground that the case involved a disputed question of fact.
The petition claimed that the couple had first verified their genealogy extending to 10 generations to track if they have any common bloodline. Since they do not share a common bloodline, their marriage is valid under Hindu Marriage Act, 1955, they claim.
The couple has now approached the division bench under a writ appeal claiming that they and their family are being harassed by the office bearers of the Sangathan. It was contended that the resolutions have also imposed an 11-year social boycott, monetary penalties of ₹51,000 on the families, and ₹2,100 on every person attending the marriage.
The petition claimed that the resolutions were passed without granting an opportunity of hearing and without considering the legal validity of their marriage.
The petition also stated that Sangatham also warned the guests that if they attended the wedding, they would be socially ostracised. The couple claimed that they had made multiple representations to the police department, who have failed to take any effective action.
Their appeal also raised the following issues:
1. Whether a caste/community/social organisation can legally impose social boycott, monetary penalties or any other coercive measures upon consenting adults and their families for entering into a lawful/ Same gotra (Sagotra) marriage
2. Whether the failure of the State authorities to prevent such actions, which violate the fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, warrants interference by this Hon'ble Court under Article 226 of the Constitution of India?
The division bench, after hearing the submission, issued notice to the involved parties, including the State Government, Superintendent of Police of Barwani, District Women Empowerment Officer and the office bearers of Sangathan.
Case Title: N v State of Madhya Pradesh, WA No. 2494 of 2026
For Appellants: Advocates Abhinav Dhanodkar and Aditya Choudhary
For State: Government Advocate Amit Bhatia