Court Cites Supreme Court Precedents to Reinforce Right to Marry Freely and Orders Strict Action Against Threats and Violence
In a significant judgment delivered on September 9, 2026, the Gujarat High Court has firmly protected the rights of an inter-caste married couple who faced threats and harassment from family members and misuse of police power. The Court quashed an FIR alleging kidnapping filed against the couple, emphasizing that the woman had willingly joined her husband and that the FIR amounted to an abuse of the legal process aimed at harassing the couple.
The case arose when the family of the woman, aged 24, disapproved of her marriage to Applicant No. 1, leading to the registration of an FIR on September 6, 2026, alleging kidnapping by unknown persons. Senior Advocate Mr. Mitul Shelat, representing the couple, argued that the woman was an adult who voluntarily stayed with her husband and that the FIR was a tool for harassment orchestrated by her relatives.
The Court, presided over by Mrs. M. K. Thakker, J., engaged directly with the applicants via video conference and confirmed the woman's voluntary association with her husband. The Court cited landmark Supreme Court judgments, notably Lata Singh vs. State of Uttar Pradesh (2006) and Shakti Vahini vs. Union of India (2018), which uphold the freedom of adults to marry whomever they choose, including inter-caste marriages, and condemn any form of harassment or violence against such couples.
Reiterating the Supreme Court's strong stance against caste-based discrimination and "honour" killings, the Gujarat High Court observed that disapproval by family members does not justify police harassment or threats. The judgment underscored that inter-caste marriages are in the national interest as they help dismantle the caste system, which the courts have called a "curse" on society.
The Court granted ad-interim relief to the applicants, directing the Superintendent of Police in Mahesana district to ensure their protection and prevent any acts of violence or intimidation against the couple or their relatives. It also mandated stern legal action against perpetrators of such threats or violence. Furthermore, the Court instructed the applicants to submit a protection application to the police, who must keep their whereabouts confidential to safeguard them from harm.
This judgment aligns with the guidelines laid down in the Shakti Vahini case, which directs state authorities to be vigilant and proactive in preventing violence related to inter-caste and inter-religious marriages. These include the formation of special cells, 24-hour helplines, and safe houses to support vulnerable couples.
The Gujarat High Court's decision sends a strong message that the right to marry freely, without fear of harassment or violence, is a fundamental right protected by the Constitution and must be respected by family members, police, and the administration alike.
Bottom Line:
Protection of inter-caste married couples from harassment or threats by family members or others, and abuse of police machinery, as upheld by the High Court relying on precedents from the Supreme Court.
Statutory provision(s):
Hindu Marriage Act, 1955; Indian Penal Code (Sections 141, 143, 503, 506, 151, 144 CrPC); Criminal Procedure Code (Section 144, 151)
Applicant No 1 v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 2976722
