'Permit Her To Live Her Own Life': Gujarat HC Directs Parents Of 18 Y/O Girl To Not Harass Her For Wanting To Marry Boy Aged 19Yrs After Attaining Marriageable Age

The Gujarat High Court has directed parents of a 18 year old girl to not harass her for wanting to marry a boy after him attaining the age of marriage.

Expecting that the parents will permit the girl to live her own life as per her choices, a division judge bench comprising of Justice RM Chhaya and Justice Nirzar S Desai ordered thus:

"We appreciate the decision taken by corpus- Divyaben, though she is hardly 18 years and 3 months old, which in the opinion of this Court, is a mature decision. We hope and trust that the petitioner and Nishaben, as parents, would respect the feelings of corpus – Divyaben and permit her to live her own life, as per her wish."

A habeas corpus petition was filed by father of the girl seeking directions to produce her before the Court and to hand over her custody.

The girl had left her parental home and had gone to live with the grandfather of the boy who she had developed a liking for.

Expressing apprehension about her life, it was submitted by the girl that she wanted to marry a boy aged 19 years on his attaining the age of majority under the Hindu Marriage Act.

While interacting with the Court, the girl had agreed to go to her parental house, while maintaining relationship with the boy. Stating so, the girl had also expressed her desire to that the parents let her talk to the boy on phone and that they would readily see that she enters into wedlock and live their happy married life with him.

The counsel appearing for the petitioner had then assured the Court that the parents shall let her talk to the boy on phone and will also permit her to maintain personal relationship with him.

Hearing the aforesaid, the Court stated thus:

"The petitioner as a father as well as Nishaben as a mother of corpus, shall not harass corpus – Divyaben, in any manner whatsoever. The petitioner, as well as mother of corpus, shall file an individual undertaking on oath to the said effect in this proceeding latest by 12.07.2021."

The Court accordingly directed the police authorities to drop the girl at her parental house and that a report to that effect shall be submitted stating that the girl has reached the house safely.

"We appreciate the efforts made by Mr. Ansari, learned advocate appearing for the petitioner as well as Mr. Kadri, learned advocate appearing for the respondent no.3, which has enable this Court to resolve this issue and in a way protect and save the lives of two innocent children." The Court said at the outset.

The Court also directed the lady officer from the office of the Social Welfare Department to visit the house and meet the girl and to also submit a report of her well-being for at least an year.

Title: PANCHAL VIJAYKUMAR RAMESHKUMAR v. STATE OF GUJARAT

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