Gujarat High Court orders police protection for couple after wife changes stance before court, says scared of family's reaction

The Gujarat High Court recently granted police protection to a married couple after the wife’s parents had prevented the two from meeting or speaking to each other [Thakor Devrajbhai Ramanbhai v State of Gujarat]..A Bench of Justices Sonia Gokani and Mauna M Bhatt passed the order allowing protection after it took note of the strong reactions by the family members during the hearing of the case. on considering the families strong reaction in Court.“ ... for the sake of young couple, on noticing the strong reactions of the family, in the presence of the Court also, we deem it appropriate to direct protection to the couple for the period of four weeks.”.The petitioner-husband had moved the High Court by way of a Habeas Corpus petition claiming that his in-laws were not permitting his wife to join him or speak to him..By way of an affidavit, the wife had stated that the husband had abducted her with false promises and it was her decision to be with her family in order to upkeep their dignity, honour and respect.However, on appearing before the Court, her story was completely different and she admitted that she was scared of her family’s strong reaction and had, therefore, dithered from telling the truth.“We can notice that she is completely petrified and does not have any courage to resist her family, more particularly, the father and the brother who accompanied her,” the Court observed..Thus, while granting protection, the Division Bench placed reliance on the Supreme Court decision in Laxmibhai Chandaragi B v State of Karnataka where the right to marry person of one’s choice was considered an integral part of Article 21. The top court had held that the autonomy of an individual in relation to family and marriage was integral to the dignity of the individual..With this, it was ordered that anyone’s attempt to take the law into their hands shall be sternly dealt with by the police and the couple shall be escorted from the High Court premises by the police..It was added that any difficulties shall be brought to the notice of the District Superintendent of Police who would ensure due compliance with the order, in its true spirit..Advocate Sanjay Prajapati appeared for the applicant. The State was represented by Additional Public Prosecutor Jirga Jhaveri..[Read Order]