"Live Your Own Life As Per Your Own Wish": Gujarat High Court Reunites Inter-Caste Couple Who Were Earlier Forced To Divorce

Sparsh Upadhyay

27 Jun 2021 5:50 AM GMT

  • Live Your Own Life As Per Your Own Wish: Gujarat High Court Reunites Inter-Caste Couple Who Were Earlier Forced To Divorce

    The Gujarat High Court on Friday reunited an inter-caste couple who was forced into a divorce in the year 2017, within two weeks of marriage, as the family of the woman didn't approve of the relationship.The bench of Justice R. M. Chhaya and Justice Nirzar Desai was hearing the habeas corpus plea of Hitendrakumar Ranchhodji Thakore, a doctor by profession who sought production of Rinkuben,...

    The Gujarat High Court on Friday reunited an inter-caste couple who was forced into a divorce in the year 2017, within two weeks of marriage, as the family of the woman didn't approve of the relationship.

    The bench of Justice R. M. Chhaya and Justice Nirzar Desai was hearing the habeas corpus plea of Hitendrakumar Ranchhodji Thakore, a doctor by profession who sought production of Rinkuben, 26 years old nurse.

    It was informed to the Court that Corpus, Rinkuben got married to the petitioner Thakore in the year 2017, and thereafter, as the said relationship was not approved by the family members of the corpus, she had taken mutual divorce by way of an agreement.

    However, appearing before the Court, she expressed her desire to again reunite with the petitioner.

    Considering her wish and noting that was was admittedly major, the Court permitted her to join the petitioner and live her own life as per her own wish. As per the wish expressed by her, the court also directed the respondent authorities to set free the corpus and permit her to join the petitioner.

    The police authority was directed to provide adequate security and drop her- Rinkuben at Village Tervada, Post: Kankrej, Dist. Banaskantha at the residential premises of the petitioner- Hitendrakumar Thakore.

    Further, the Court directed that the police authority shall file a report to the said effect before the Court in this proceedings through learned Additional Public Prosecutor.

    "Rinkuben is permitted to act as per her own wish expressed before us (and the) petition is thus allowed to the aforesaid extent," added the Court.

    Recently, the Gujarat High Court ruled that the act of community members in snatching away a woman's right to marry and entering into violence and causing harassment is required to be condemned.

    The Bench of Justice Gita Gopi observed thus while taking into account the fact that a major woman has a right to decide about her marriage and her future.

    The Bench, therefore, dismissed two applications that prayed for quashing of the criminal proceedings against the accused, who happen to be the relatives of the girl and who allegedly harassed the family of the boy with whom the woman got married.

    In related news, the Madhya Pradesh High Court on Thursday directed a man wishing to be in a live-in relationship with an 18-year-old girl to make sure that he takes care not only of her basic necessities but also of the comforts of the girl to enable her to live a life of dignity.

    The Bench of Justice Sheel Nagu and Justice Anand Pathak was hearing the habeas corpus plea of the man who alleged that the corpus/girl abandoned her parental home sometime in December, 2020 being piqued by the father of the corpus subjecting her to physical and mental cruelty.

    The Allahabad High Court last year reunited an interfaith couple while noting that the Woman (Shikha) had "expressed that she wants to live with her husband (Salman @ Karan) she is free to move as per her own choice without any restriction or hindrance being created by third party."

    The Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal was hearing a habeas corpus plea filed by the man (Salman @ Karan), who submitted before the Court that his wife (Shikha) had been sent to her parents by the Child Welfare Committee (CWC), against her wishes.

    Case title - Hitendrakumar Ranchhodji Thakore v. State of Gujarat

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