SURESHBHAI HATHIBHAI KHANT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. I.M. Pandya, learned advocate for the applicants, Ms. Monali Bhatt, learned APP for the respondent No.1-State and Mr. Nimesh Kapadia, learned advocate for the respondent No.2.

(2.) Mr. Nimesh Kapadia, learned advocate appearing on behalf of the respondent No.2 has submitted that an Entry No.23/55 at Serial No.52 was noted by Vastrapur Police Station, Ahmedabad, which clarifies that the daughter of Vikram has appeared willingly and stated before the police that she had her own volition gone out of the house since her father wanted to get her marry to a person which is not approved by her. It appears that the statement of the daughter of Vikrambhai Khant was recorded on 23.10.2019 at Virpur Police Station in presence of woman constable Tulsiben Valjibhai.

(3.) In the case of Lata Singh vs. State of U.P. And another, 2007 1 GLH 41 has held and observed as under: "This is a free and democratic county, and once a person becomes major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one or subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."