Patel Harshbhai Dilipkumar vs State Of Gujarat
2022 Latest Caselaw 4292 Guj

   R/SCR.A/3723/2022                              ORDER DATED: 21/04/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CRIMINAL APPLICATION NO. 3723 of 2022

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                       PATEL HARSHBHAI DILIPKUMAR
                                  Versus
                            STATE OF GUJARAT
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Appearance:
S M KIKANI(7596) for the Applicant(s) No. 1
MR.DIPAK B PATEL(3744) for the Respondent(s) No. 5,6
NOTICE NOT RECD BACK for the Respondent(s) No. 2,3,4
MR HK PATEL, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE SONIA GOKANI
       and
       HONOURABLE MRS. JUSTICE MAUNA M. BHATT

                             Date : 21/04/2022

                          ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. Pursuant to the order passed by this Court on 19.04.2021, today the report has been submitted by

ASI, Infocity police station, Gandhinagar. As per the report, the friend of the corpus with whom she chose

to reside is at Vande Mataram, Gota, Ahmedabad. She stays with her husband and in-laws. The entire family

has agreed to accept the responsibility of corpus. The corpus also is not desirous to stay with her friend for a

very long time. She intends to stay till she actually establishes herself well in her job and finds her own

place. There are other options,

R/SCR.A/3723/2022 ORDER DATED: 21/04/2022

which learned Additional Public Prosecutor has pointed out from the resolution of the Women & Child

Development Department dated 02.11.2019, the four of which available in Ahmedabad are as follows: Sr. Particulars Address Designation Phone Nos. No.

1 Dr.Jeet Mehta Utthan Talim Administrator 9426419424, 079-

Working Women Kendra, behind 26579264 Hostel run by People's Ban, Gujarat Women Kocharab Empowerment Ashram, Paldi, Association District:

Ahmedabad.

2. C.H. Bhagat Behind Dalal Administrator 9978605474, 079-

Employment run Apartment, 26611180 by Lok Savak Opp. Sharirik Hospital, Vikas Gruh Road, Paldi, District: Ahmedabad.

3. Ruksmaniben Behind Accountant 9429524994 Baldevbhai Dosa Fethepura Post Office, Paldi, Ahmedabad.

4. Radhaba Nava Vikas Warden 9428358998, 079-

Working Women Road, Bodyline 26644671 Gruh Udhyog Hospital, Paldi, Ahmedabad

2. The corpus can also choose from any of the above

options for they being a Working Women Hostel.

Noticing her age of 23 years and her educational

qualification of being a Nurse, she wants to pursue her

career professionally. The parents, if can support her,

R/SCR.A/3723/2022 ORDER DATED: 21/04/2022

they can so do it. There shall be no harassment from

any side for her to independently lead her life. It will be

choice eventually once the respondent becomes major

to marry or not to marry him. He also shall not, in any

manner, force her.

3. All concerned are reminded of the decision of the Apex

Court in the case of Laxmibai Chandaragi B vs. The

State of Karnataka, (2021) 3 SCC 360, where the Apex

Court in its decision has stated thus:

"10. Educated younger boys and girls are choosing their life partners which, in turn is a departure from the earlier norms of society where caste and community play a major role. Possibly, this is the way forward where caste and community tensions will reduce by such inter marriage but in the meantime these youngsters face threats from the elders and the Courts have been coming to the aid of these youngsters.

11. We are fortified in our view by earlier judicial pronouncements of this Court clearly elucidating that the consent of the family or the community or the clan is not necessary once the two adult individuals agree to enter into a wedlock and that their consent has to be piously given primacy. It is in that context it was further observed that the choice of an individual is an inextricable part of dignity, for dignity cannot be thought of where there is erosion of choice. Such a right or choice is not expected to succumb to the concept of "class honour" or "group thinking."

12. In Shafin Jahan v. Asokan K M & Ors. , this Court noticed that the society was emerging through a crucial transformational period. Intimacies of marriage lie within a core zone of privacy, which is inviolable and even matters of faith would have the least effect on them. The right to marry a person of

R/SCR.A/3723/2022 ORDER DATED: 21/04/2022

choice was held to be integral Article 21 of the Constitution of India. In this behalf, the judgment of the nine Judges Bench in Justice Shakti Vahini v. Union of India (2018) 7 SCC 192 2 Asha Ranjan v. State of Bihar (2017) 4 SCC 397 3 (2018) 16 SCC 408 4 Lata Singh v. State of U.P. (2006) 5 SCC 475 K.S. Puttaswamy v. Union of India5 may also be referred to where the autonomy of an individual inter alia in relation to family and marriage were held to be integral to the dignity of the individual."

4. Let this be intimated to Administrator, Women Shelter

Home, Gandhinagar. She shall be dropped by the

police once she is permitted to leave the place by

Administrator, Gandhinagar. If any time she requires

any protection, she will be free to approach the DCP,

Zone-I for the said purpose.

(SONIA GOKANI, J)

(MAUNA M. BHATT,J) SUDHIR