The Gujarat High Court recently made significant remarks on the social impacts of caste-based differences while granting relief to a couple who had been separated by the wife’s family based on the same.
The division bench comprised by Justice Sonia Gokani and Justice NV Anjaria observed,
“the caste system in the country is making it more and more difficult for the young people to decide their own life partner and the rigidity in the minds of the adults in the family becomes the serious cause of the division of human relationship.”
The bench also observed that such incidents are “making it extremely difficult for the administration to handle this social and emotional upheaval which eventually turns into a legal battleground.”
In the present case, when the couple got married in January 2020 against the wife’s family, they were granted protection by the High Court from the wife’s family in February. But when the couple visited Rajasthan, they were separated. So the husband filed a habeas- corpus petition, seeking production of his pregnant wife.
On a perusal of the couple’s marriage certificate, the court found that they were lawfully married. The wife was produced through video conferencing and it was noted by the Palanpur District Court that she wanted to stay with her husband.
In view thereof, the court directed the Additional District Judge, Palanpur to ensure that the wife reached her matrimonial home safely.
The order further stated, "Protection to the couple shall continue for a period of four months. Thereafter the matter shall be posted before the Superintendent of Police, Palanpur, who shall decide as to whether to continue such protection or not.”
