R/SCR.A/11237/2025 ORDER DATED: 14/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE PROTECTION) NO. 11237 of 2025 ========================================================== PAYALBEN W/O HARDIKKUMAR GOSWAMI & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANIQ A KADRI(11256) for the Applicant(s) No. 1,2 MS DHWANI TRIPATHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/08/2025 ORAL ORDER RULE. Learned APP waives service of notice of rule on behalf of respondent-State. [1] This petition under Article 226 of the Constitution of India, has been preferred by the petitioners, inter alia, with a prayer to direct the Respondent authorities to provide protection to the petitioners. [2] It is the case of the petitioners herein that after the attaining the age of majority, they both have married on 01.08.2025. The marriage of the petitioners has not been liked by the parents and relatives of petitioner No.1 and therefore, the petitioners apprehend danger to their lives and property. Therefore, the family members have created enormous pressure upon them. Therefore, the petitioners had requested to respondent authorities by way of application dated 05.08.2025 to provide police protection as their life is in danger but no action has been taken in this regard. [3] Learned advocate for the petitioners, has submitted that the petitioners are facing threats to their lives and liberty from the parents and relatives of petitioner No.1. Both the petitioners have attained the age of R/SCR.A/11237/2025 ORDER DATED: 14/08/2025 majority and have voluntarily decided to get married to each other. They are residing together but their married life is under threat, therefore, in consonance with the principles of law enunciated by the Supreme Court in Lata Singh v. State of Uttar Pradesh & Anr. [2007(1) GLH 41], protection may be provided to the petitioners. [4] Learned Additional Public Prosecutor, has submitted that the prayer of the petitioners would be dealt with in accordance with law. [5] This Court has heard learned counsel for the respective parties and taken into consideration the principles of law enunciated by the Supreme Court in Lata Singh (supra). [6] There is no dispute regarding the fact that both the petitioners are 21 and 25 years of age and have attained the age of majority. There is enough material on record to indicate that the petitioners have got married to each other and their marriage has been registered. As such, having attained the age of majority, the petitioners are within their rights in taking their own decision regarding their lives. [7] In Lata Singh (supra), the Supreme Court has held as below: “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a 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 nor 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.” (Para 7) “We sometimes hear of 'honour' killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such R/SCR.A/11237/2025 ORDER DATED: 14/08/2025 killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism.” (Para 8) [8] On the facts and in the circumstance of the case, this Court is of the view that Respondent authorities shall look into the matter qua threat perception to petitioners. On being satisfied as to the authenticity of such threats, then take necessary action to ensure that there shall be no danger to the life and liberty to the Petitioners. The police authority shall follow the directions given by the Apex Court in the case of Shakti Vahini Vs. State of Madhya Pradesh (Case No.231/2010). [9] With the above observation and directions, present petition stands disposed of. Rule is made absolute accordingly. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 14/08/2025 16:07:17