The Gujarat High Court heard a Habeas Corpus petition. It was in the case of Niteshkumar Mulchandbhai Prajapapti v. the State of Gujarat. The petition filed under Article 226 of the Constitution. The petitioner requested to produce his wife (Corpus) before the Court.
Background
In the instant case, the couple got married against their family’s wish in January. The petitioner filed Criminal Application No. 997/2020 to protect them from their families. The Court granted the same in February.
However, when a couple moved to Rajasthan, they got separated. Thus, the petitioner moved a petition to produce his pregnant wife before the Court.
Court’s Discussion
The High Court issued an order dated June 9, 2020, to produce the petitioner’s wife. The order issued for petitioner’s wife appeared before the Court through video conferencing. The wife’s family presented her physically at district court at Palanpur. This was done on the Court’s order. The Court observed that the couple is lawfully married. The couple’s marriage is also registered. The Court also took note of the submission of the wife, who expressed her desire to live with her husband. She also told Court that she is pregnant.
Nevertheless, the mother of the wife is adamant and showed her resistance to marriage. She emotionally blackmailed her daughter. She said that if she lives with her husband, she will end her life.
The Court attempted to convince the mother that her daughter is an adult and legally married. She is also carrying a child of the petitioner in her womb. Therefore, she should allow her to join the petitioner. However, she did not listen to the Court and remained adamant. The Court observed that it is difficult for Courts to deal with some issues. The emotional issues which turn into a legal battleground are challenging to deal with.
Court’s Decision
The High Court ordered Additional District Judge of Palanpur to ensure that wife reaches her matrimonial home. The Court also requested the Additional District Judge to draw an amicable solution between the parties. The Additional District Judge can also refer the Case to Mediation Centre.
The two-judge bench of Justices Sonia Gokani and NV Anjaria stated that, the caste system in the country is making it difficult for young people to decide their life partner. The rigidity in the minds of the family becomes the cause of the division of relationship.
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