Gujarat High Court
Mallika D/O Govindbhai Patel W/O ... vs State Of Gujarat on 5 April, 2021
Bench: B.N. Karia
R/SCR.A/3459/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3459 of 2021
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MALLIKA D/O GOVINDBHAI PATEL W/O DIXITKUMAR SATHVARA
Versus
STATE OF GUJARAT
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Appearance:
MR MOUSAM R YAGNIK(3689) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2,3,4,5,6
MR MANAN MEHTA, APP (2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 05/04/2021
ORAL ORDER
1. Rule. Mr. Manan Mehta, learned APP waives service of
notice of rule for and on behalf of the respondents No.1 to 5.
2. Heard learned advocate for the petitioners and learned
APP for the respondent Nos. 1 to 5.
3. Having gone through the contents of the petition, the
submissions made by the leaned advocate for petitioners as
well as learned APP, it appears that both the petitioners were
known to each other and their relation was converted into love
affair. Thereafter, they have decided to marry each other but
their relation was not sanctioned by their family members.
R/SCR.A/3459/2021 ORDER
However, without consent of the family members on
19.09.2020, petitioners got married as per the Hindu Marriage
Act and the same was registered on 22.09.2020. The copy of
marriage certificate is produced on record at Annexure - "B". It
also appears that both the petitioners are major and they have
attained the minimum required age for their marriage.
4. Aadhar Cards of both the petitioners are also produced
on record at Annexure- "C". After their marriage, family
members of the petitioners are not ready for their relationship
and as per the settlement made by the learned advocate for
the petitioners, they are continuously feeling assault of
'Honour Killing' from the family members, and therefore, they
have requested to Police Sub Inspector, Virsad Police Station
by an application dated 26.02.2021 to provide police
protection as the family members of the petitioners are
continuously threatening them and they have apprehension of
'Honour Killing' from the family members.
5. This Court would like to refer the judgment of the Hon'ble
Apex Court delivered in Latasingh Vs. The State of UP &
Ors. reported in 2006-5-SCC-475 as under:
R/SCR.A/3459/2021 ORDER
"Since several such instances are coming to our
knowledge of harassment, threats and violence
against young men and women who marry outside
their caste, we feel it necessary to make some
general comments on the matter. The nation is
passing through a crucial transitional period in our
history, and this Court cannot remain silent in
matters of great public concern, such as the
present one.
The caste system is a curse on the nation and the
sooner it is destroyed the better. In fact, it is
dividing the nation at a time when we have to be
united to face the challenges before the nation
unitedly. Hence, inter-caste marriages are in fact in
the national interest as they will result in
destroying the caste system. However, disturbing
news are coming from several parts of the country
that young men and women who undergo inter-
caste marriage, are threatened with violence, or
violence is actually committed on them. In our
opinion, such acts of violence or threats or
harassment are wholly illegal and those who
commit them must be severely punished. This is a
free and democratic country, and once a person
becomes a major he or she can marry whosoever
he/she likes. If the parents of the boy or girl do not
approve of such inter-caste or inter-religious
marriage the maximum they can do is that they
can cut off social relations with the son or the
daughter, but they cannot give threats or commit
or instigate acts of violence and cannot harass the
R/SCR.A/3459/2021 ORDER
person who undergoes such inter-caste or inter-
religious marriage. We, therefore, direct that the
administration/police authorities throughout the
country will see to it that if any boy or girl who is a
major undergoes inter-caste or inter-religious
marriage with a woman or man who is a major, the
couple are not harassed by any one nor subjected
to threats or acts of violence, and any one who
gives such threats or harasses or commits acts of
violence either himself or at his instigation, is taken
to task by instituting criminal proceedings by the
police against such persons ad further stern action
is taken against such persons as provided by law.
We sometimes hear of 'honour' killings of such
persons who undergo inter-caste or inter-religious
marriage of their own free will. There is nothing
honourable in such killings, and in fact they are
nothing but barbaric and shameful acts of murder
committed by brutal, feudal minded persons who
deserve harsh punishment. Only in this way can we
stamp out such acts of barbarism."
6. Considering the peculiar facts of the present case and the
submissions made by the learned advocate for the petitioners
and learned APP for the respondents No.1 to 5, let respondent
No.2 - Police Inspector, Virsad Police Station be directed to
take necessary action in connection with the application given
by the present petitioners to the Police Sub Inspector, Virsad
Police Station on 26.02.2021 and also see that no untowards
R/SCR.A/3459/2021 ORDER
incident has taken place. If, respondent No.2 finds that, if any
police protection is required, respondent No.2 - Police
Inspector, Virsad Police Station to provide police protection for
a period of "three months" from the date of receipt of this
order.
7. With these observations and directions, the petition
stands disposed of.
8. Rule is made absolute. Registry is directed to sent a copy
of this order to the concerned Police Station through Fax/Email
forthwith.
(B.N. KARIA, J)
MAYA S. CHAUHAN
