The Gujarat High Court has observed that a major married couple whose marriage may be disliked by their relatives cannot be harassed or threatened by the relatives by lodging an FIR and invoking police machinery. 

In doing so the court granted police protection to a couple and directed the police to ensure that they are neither harassed nor any act of violence is committed against them.

The court was hearing a plea by a couple against whom an FIR had been lodged by the woman's family. The counsel for the petitioners submitted that the alleged abductee was not kidnapped but, she willingly joined the company of her husband. However, as the family members of the woman dislike the relationship, only with a view to harass and torture the husband the FIR is filed. It is submitted that as on date also there is threat to the life of the applicants and in that background, they are required to be protected.

He also submitted that a earlier Habeas Corpus petition was filed wherein, the abductee was produced by the family members and under their pressure, she refused to join the company of her husband. It was further submitted that she is 24 years old and is willingly staying with the husband and in that background the FIR is nothing but abuse of process of law. 

Justice MK Thakker in her order noted that the Court has interacted with the applicants through video conference, whereby the woman stated that she is willingly staying with her husband and she has not taken this step under any pressure. 

Referring to decisions in the court said:

"In view of above decision in the opinion of this Court, when the applicants are major married couple and marriage may not like to the relatives of the applicant no.1 however, mere disliking of the relationship cannot be used to harass or threaten the applicants by using the police machinery. In that background, let notice be issued making it returnable on 05.11.2026. Learned APP Mr.Jay Mehta waives service of notice on behalf of respondent-State...

At the same time, as per the decision rendered in the above case, the Superintendent of Police, is directed to ensure that neither the applicants or the relatives of the applicants no.2 are harassed or threatened nor any act of violence are committed against them. If anybody is found doing so they shall proceeded against sternly in accordance with law, by authorities concerned". 

The court directed the petitioners to give an application to the concerned Superintendent of Police who shall ensure to keep whereabouts of the applicant undisclosed and to see that no harm is caused to the couple or the relatives of the husband. 

The matter is listed on November 5. 

Case title: APPLICANT NO 1 & ANR. v/s STATE OF GUJARAT & ORS

R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13335 of 2026

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