Community Members' Act Of Snatching Away Woman's Right To Marry Requires To Be Condemned: Gujarat High court

The Gujarat High Court last week 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 haraased the family of the boy with whom the woman got married.

The matter in brief 

A Couple from the Khat Community in Gujarat married each other of their own volition, however, their families were against their marriage. The Girl fled from house of her own volition since her father wanted to get her to marry to a person which was not approved by her.

Thereafter, the family of the girl called for the community panchayat wherein the family of the boy was accused of abducting the Woman/daughter.

Pursuant to this, the community panchayat decided that if the girl would be found with the boy in near future, the family of the Boy would have to pay Rs. 10 Lakh to the girl's family.

Later on, the Girl, on her own appeared before the police and got her statement recorded that she fled with the boy on her own, but the family of the girl allegedly started harassing the boy's family on account of Rs. 10 Lakh promise.

Allegedly, the family of the girl assaulted the members of the Boy's family and threatened them to burn their house, pursuant to which two sepated FIRs were lodged by the family of the boy, quashing of which were prayed in the instant petition before the High Court.

However, the Court ruled that:

"The police cannot be prevented from investigating such issue...the investigating officer cannot be restrained from filing of the chargesheet."

In the result, both the applications are rejected and the Investigating Officer was directed to file the charge sheet within the statutory period in connection with FIRs.

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