Depletion Of Sex Ratio Resulting Into More And More 'Exchange Marriages': Gujarat High Court

The Gujarat High Court has observed that the depletion of the sex ratio in the State of Gujarat is resulting in more and more cases of exchange marriages. It may be noted that it is a form of marriage involving an arranged and reciprocal exchange of spouses between two groups.

The Bench of Justice Sonia Gokani and Justice Mauna M. Bhatt observed thus while hearing a case while uniting a couple after they were separated by the father of the woman as he wanted to marry her 'in exchange'.

The case in brief

Essentially, the Court was hearing a petition preferred under Article 226 of the Constitution of India where one Sandipkumar Patel (the husband) approached the Court seeking the custody of the corpus (his wife) from the illegal confinement of the respondent no.4 (wife's father).

The father of the woman wanted her to divorce her husband so that he could ensure that the marriage of his daughter can happen in exchange and his son (brother of the corpus) also gets married.

When she appeared before the Court, she showed her willingness to join the petitioner. However, the Court noted that she was petrified and was more familiar with the fact that her family was hoping for an exchange marriage as her brother is yet to be married. Her father also confirmed that he is more inclined to ensure that the marriage of his daughter can happen in exchange.

Against this backdrop, the Court importantly observed thus:

"Depletion of sex ratio in the State of Gujarat has resulted in more and more such cases coming up to the Court where on one hand birth of the daughter is not acceptable and on the other hand with depletion of the ratio, the marriages are essentially the exchange marriages which takes place regardless of will, wish, emotion and the age."

Further, noting that in the instant case, the marriage was performed with the will and wish of the corpus and she was not permitted to leave her parental home because of the extreme pressure of the family and her concern for her brother, the Court allowed the petition and directed the corpus to join the petitioner.

The Court also acceded to the request of the advocate of the petitioner that the petitioner and the corpus be given the police protection at least for the period of 8 weeks. The Court issued a direction in this regard to the Superintendent of Police, Banaskantha.

The Court also issued the following direction:

• Since the couple is staying at Idar, the Court ordered for initial police protection for an initial period of 5 to 6 days.
• The Court made a request to the Registrar, City Civil and Sessions Court to ensure that the couple is left in police-van at Idar.
• The Full-Time Secretary, Idar Taluka Legal Services Authority has been directed to render the best of assistance wherever it is approached by the couple.
• The Court also conveyed very firmly to the father of the corpus that any attempt to take the law in the hands will be stringently viewed. If anything of that sort is noticed, the police may take appropriate actions, the Court directed.

Lastly, the Court disposed of the plea with a hope that the advocates on both sides would ensure that no untoward incident happens as it observed that in the instant case, two adult persons have chosen to marry on their own will and are starting their life together.

Case title - SANDIPKUMAR MANUBHAI PATEL Versus STATE OF GUJARAT
Case Citation: 2022 LiveLaw (Guj) 32

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