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Amid Depleting Sex Ratio, Legal Battles Fought Over Daughters To Give Them Away As Brides For Monetary Consideration: Gujarat HC [Read Order]

Mehal Jain

1 Oct 2020 2:54 PM GMT

    • Amid Depleting Sex Ratio, Legal Battles Fought Over Daughters To Give Them Away As Brides For Monetary Consideration: Gujarat HC [Read Order]

    Concerned over the depleting sex ratio in the state, the Gujarat High Court expressed its shock at the "illegal and unpalatable incidents" where "legal battles are fought over daughters, neither for protecting her nor with a desire to ensure her happiness, but only with a view that the giving away of the bride in lieu of monetary consideration become possible".Justices Sonia Gokani and...

    Concerned over the depleting sex ratio in the state, the Gujarat High Court expressed its shock at the "illegal and unpalatable incidents" where "legal battles are fought over daughters, neither for protecting her nor with a desire to ensure her happiness, but only with a view that the giving away of the bride in lieu of monetary consideration become possible".

    Justices Sonia Gokani and N.V. Anjaria were hearing a habeas corpus petition, where it was the grievance on the part of the petitioner that he has already married to the corpus. However, as the parents of the corpus are not willing and want to marry her to a third person, they have forcibly taken her away from her matrimonial home. The corpus, herself, also has given a complaint to the police with regard to the threat they have been experiencing from her parents. Presently, also she is alleged to have been kept locked in a room.
    "Today, the corpus is produced before this Court through video conference. She, in no uncertain terms, stated before this Court that she is keen to join the petitioner-Sanjay. She, however, appeared to be scared to openly defy her parents because, according to her, she was particularly asked, not to reveal, what she desires, before the Court of law...We also had an occasion to meet the parents through video conference. The parents agreed that the corpus was married before about 5 years and it was a marriage in exchange, as the sister of her husband got married with her own brother. However, shortly after the marriage, there were disputes between the sister-in-law and the brother of the corpus and that resulted into the couple separating from each other and for the past about 4 years, she has not resided with her husband. Therefore, the parents eventually decided to finalize the procedure of divorce", recorded the bench.
    The bench noted that in their community, in the presence of their caste leaders, in a temple an amount of Rs.5000/- requires to be donated for the deity and that brings an end to the relationship and rest of the aspects also have been completed. However, it was pointed out to the Court by the corpus and which was also quite apparent from the conversation with her parents that they chose not to complete the last stage since they have not found any match for the corpus, so far.
    "Further, they know fully well that, if, the amount is donated in the temple, then, the corpus would become free to marry anyone and then, the parents may not have any hold in decision making, and therefore, they chose to retain this as a trump card", observed the bench, adding that even before this Court, they went on insisting that the last procedure is yet to be completed.

    The Court recognized the fact that the corpus, who is about 23 years of age, is desirous to join the petitioner, with whom she has got married in a temple. The bench noted that while permitting her to join the petitioner,it is to be mentioned that formal seal of approval to her choice would be feasible only once the penultimate stage of her customary divorce is finalised, and it would also pave a way to her peaceful and happy life with the Petitioner.

    "We have noticed certain aspects, in our conversation, which are quite disturbing and one of them is payment, purportedly, made by the petitioner to the parents of the corpus through one of the leaders of the caste of Rs.3/- lakh. According to the petitioner, the amount was given to one Babu Shiva. However, the parents of the corpus refused to have received any such amount. It is quite shockingly apparent that the areas of the State, where, there is depletion in sex ratio, more and more such illegal and unpalatable incidents are being noticed and the saddest part is that the legal battles are fought over daughters, neither for protecting her nor with a desire to ensure her happiness, but only with a view that the giving away of the bride in lieu of monetary consideration become possible", lamented the bench.

    It further noted that "Malice of exchange marriages, payment of consideration to the parents of girls and changing money for marrying a girl, child marriages, multiple marriages of the girl in a very young age are some of the startling revelations noticed in the Habeas corpus Petitions"

    The bench had ordered the corpus to be dropped at the address of the petitioner with police protection, requiring the police protection to continue for two months.

    The bench also required the District Legal Services Authority to guide the Corpus including in relation to the provision and process under Section 13(B) of the Hindu Marriage Act and if desired by her, to be completed since the corpus is already separated for a long time and the parents have not completed the last leg of rituals only with a view to ensure that she does not get settled as per her wish. "It is unfortunate that the daughter is pressed into this kind of hazards because of the depleting sex ratio", said the bench.

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    Tags
    Gujarat HCHindu Marriage ActGenderSex RatioDLSA
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