Gujarat High Court Grants Protection To Young Couple Wishing To Marry

The Court had, on an earlier occasion, granted protection to the corpus who was interested in marrying the Petitioner Hiteshkumar Prajapati but was pressurised to state that he was below the age of 21 years. She was accordingly granted accommodation at a Women Protection Home until the Petitioner turned 21 year of age on 07.02.2022. She was granted security and basic amenities by the DLSA Full Time Secretary and the Administrator. The Bench had ordered:

"Let a security be provided to her. Without her wish and will, nobody will be permitted to meet her."

The Bench observed that she expressed her wish to marry and join the Petitioner and she was accepted by his family, even as the Petitioner had completed his training in the navy. Noting that both persons had become eligible to marry and were keen to join each other, the Court granted them permission to marry today, as well. Justices Gokani and Bhatt also directed the parents of the family to cooperate with the corpus and assist her in obtaining her documents once the couple had married. The Bench cautioned:

"In the event of any threat or apprehension to the young couple, they will be at liberty to approach the Superintendent of Police, Banaskantha directly or to the Full Time Secretary, District Legal Services Authority, Banaskantha. The Chair Person, District Legal Services Authority, Banaskantha can also ensure that the Full Time Secretary, District Legal Services Authority, Banaskantha to act promptly and get in touch with the Superintendent of Police, Banaskantha or learned APP Ms. Jhaveri."

Accordingly, the writ petition was allowed.

Case Title: HITESHKUMAR NILESHBHAI PRAJAPATI Versus STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 37

Case No.: R/SCR.A/893/2022

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