While granting relief to a couple who had been separated by the wife's family on account of caste-based differences, the Gujarat High Court made significant remarks viz. the social impact of such incidents.
The division bench comprised by Justice Sonia Gokani and Justice NV Anjaria observed,
"…the 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."
The bench further observed that such incidents are "making it extremely difficult for the administration to handle this social and emotional upheaval which eventually turn into legal battleground."
In the present case, the couple got married in January 2020 against and was granted police protection by the High Court in the month of February, from the wife's family.
Nevertheless, when the couple visited Rajasthan, they were separated. Hence the Petitioner-husband moved a habeas corpus petition, seeking production of his pregnant wife.
The court, on a perusal of the couple's marriage certificate observed that the couple was lawfully married. The court also took not of the wife's submissions, who was produced through video conferencing from the Palanpur District Court, that she desires to live with her husband.
In view thereof the court directed the Additional District Judge, Palanpur to ensure that the wife reaches her matrimonial home safely with the escort of police. It further ordered,
"Protection to the couple shall continue for a period of four 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."
During the course of hearing, the wife's mother displayed her resistance to the marriage and threatened to commit suicide if her daughter preferred to go with her husband.
The court therefore requested the Additional District Judge, Palanpur to make an attempt to bring an amicable solution between the parties and/or refer the matter to the Mediation Center, Palanpur.
Click Here To Download Order