The Division Judge Bench of the Gujarat High Court, comprising Justices Sonia Gokhani and Mauna M. Bhatt in the case of Hiteshkumar Nileshbhai Prajapati v. The State of Gujarat has granted protection to a couple who wish to marry but the parents of the girl were threatening them.
Reasoning and Decision of the Court
The Court accepted the Habeaus Corpus petition and perused the facts of the case. Hitesh, the boy and his family has accepted the corpus and he has completed his training in the Navy. He has apprehension that the parents of the girl were threatening her to not marry with him.
Considering the fact, the Court expounded that “both the petitioner and corpus have become eligible to marry each other which they intend to do and as the corpus, who has completed 21 years 5 months back, is keen to join the petitioner, they will be on their own to decide about the marriage part of it which they can do it today also”.
The court also advised the couple that in the event of any threat or apprehension to them, 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 Bench also instructed the Chair Person, District Legal Services Authority, Banaskantha to 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.
Case Details
Case: - R/SPECIAL CRIMINAL APPLICATION NO. 893 of 2022
Petitioner: - HITESHKUMAR NILESHBHAI PRAJAPATI
Respondent: - STATE OF GUJARAT
Judge: Justices Sonia Gokhani and Mauna M. Bhatt
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