The Gujarat High Court stayed the arrest of a lawyer, who has been booked under child marriage prohibition laws, for allegedly preparing a live-in relationship contract for a couple in Narmada district.
The Advocate, Sandip Vasava, approached the high court for quashing of an FIR filed on May 15, by the district Child Marriage Prohibition officer with Sagbara Police, for aiding the marriage of Nikhil and Roshni Vasava.
The FIR was filed on a complaint by the boy’s father, stating that his son was not of marriageable age when the marriage took place at a temple in January. It was also alleged that the groom had not reached the age of 21 even when the Lawyer prepared the legal document declaring the live-in relationship in March.
The Lawyer is accused of providing assistance and advice to the couple, though the groom was not of marriageable age.
Before the high court, the petitioner’s Advocate Ronith Joy submitted that Nikhil and Roshni are older than 20 and therefore are legally competent to enter into an agreement to have live-in relationship on their choice.
A live-in relationship is not a marriage by any stretch of the imagination, and the documents do not even mention Vasava’s name. The lawyer did not have any role to play in the marriage, if there was any.
It was claimed that the lawyer was never directly involved nor had he any active participation in the marriage ceremony. There is no evidence to this effect as there is no marriage certificate or photographs establishing the lawyer’s presence. The petition says,
“Petitioner in no way suggested that Roshni and Nikhil get married as being a lawyer he was quite conscious of the law of the land.”
After hearing the case, the Court stayed any coercive action against the lawyer and issued notice to the government seeking a reply by August 19.
The order has been passed by Justice R P Dholaria on 27-05-2020.
Read Order Here:
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