Shankarlal Naranji Padhiyar (Mali) v. State of Gujarat
2020-06-23
N.V.ANJARIA, SONIA GOKANI
body2020
DigiLaw.ai
ORDER : SONIA GOKANI, J. 1. This is a petition preferred by the petitioner – father for corpus respondent no.11 who is aggrieved by the fact that respondent no.4 had taken away his daughter who is already married. The illegal confinement of the respondent no. 4 to 10 had driven him to approach this Court with the following prayers :- “(A) Your Lordship may be pleased to admit and allow this petition. (B) Your Lordships may be pleased to issue a writ of habeas corpus and/or any other writ, order or direction directing the concerned respondent to produce the corpus-girl viz., Manisha @Rinku (the daughter of the petitioner) before this Hon’ble Court and, thereafter, further be pleased to pass appropriate and further orders handing over the custody of the corpus-girl viz., Manisha @Rinku to the petitioner. (C) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the concerned respondent to produce the corpus-girl viz., Manisha @ Rinku (the daughter of the petitioner). (D) Your Lordships may be pleased to pass such other order as may be deemed just and proper in the circumstances of the case.” 2. This Court issued notice on 19.03.2020 and directed the respondent authorities to bring the corpus before us. Eventually, on 18.06.2020 we deem it appropriate to post the matter on 19.06.2020 and passed the following order: - “1. This Court on 18.06.2020 passed the following order:- “1. Pursuant to the order passed by this Court, the corpus is produced before this Court through video conferencing, today, which has been arranged at the District Court, Palanpur. The corpus has expressed her desire to join Mukesh, with whom she got married after leaving her matrimonial home. Such marriage has taken place, according to her, by getting the marriage registered at Abu Road. Father of the corpus also is present, who is aggrieved by the fact that this is a marriage in exchange, where, both his son and daughter are married to the siblings on the other side. This action on the part of the corpus has put the life of his son in jeopardy. He, through his advocate, fervently urges that on account of her being earlier married with one Hitesh, this marriage of hers is ab initio void.
This action on the part of the corpus has put the life of his son in jeopardy. He, through his advocate, fervently urges that on account of her being earlier married with one Hitesh, this marriage of hers is ab initio void. She had not disclosed true facts before the registering authority at the time of getting the marriage registered, and therefore, it is not valid in the eyes of law. The corpus, since, has expressed her wish and desire to be with Mukesh and this entire event has caused lot of upheaval in the lives of the petitioner and many others, We, therefore, deem it appropriate to post this matter, tomorrow. 2. Since, the corpus is now found and is present before this Court, we make a request to the learned PDJ, to use his good office to bring about a legal and amicable settlement as both the sides are physically present before him. We also place our appreciation on record for the arrangement made at the District Court, Palanpur, and the valuable time devoted by the learned PDJ during this entire process and on his having agreed to mediate between the parties. 3. Today, after the session is over, learned PDJ shall ensure that the corpus leaves the Court premises without any hassle. She shall present herself, tomorrow before this court through the Video Conferencing medium. The direction for taking her to the Women Shelter Home is not being issued, on account of the input given by the learned PDJ due to outbreak of Covid-19 virus as that may make it unsafe for her. 4. S.O. to 20TH JUNE, 2020.” 2. Today, the corpus has joined us through the video conferencing from Palanpur District Court. Learned Principal District Judge Shri Gohil is also present. He has conveyed to this Court that much time has been devoted and it appears that compromise shall have to be arrived at amongst various parties, which may take some more time. He also further submits that ordinarily this task is being performed by their caste leaders, however, endeavours are on. On allegation made by Mr. Padiyar, learned advocate that respondent No.4 has got criminal antecedents, on instructions from the petitioner, learned Principal District Judge, on inquiry from the police officer present, has submitted that the same shall need to be verified at the end of the Police officials. 3.
On allegation made by Mr. Padiyar, learned advocate that respondent No.4 has got criminal antecedents, on instructions from the petitioner, learned Principal District Judge, on inquiry from the police officer present, has submitted that the same shall need to be verified at the end of the Police officials. 3. Considering the fact that the corpus is already married and there are allegations of respondent No.4 having criminal antecedents, as can be noticed from the record, disclosing all incorrect details and suppressing vital details required of parties before the registering authority while getting marriage registered, marriage has been registered, inquiry shall need to be made by the police concerning credentials of the Respondent no.4. 4. Let the details be found out by the police officer, matter is being fixed on 23.06.2020 at 2:00 p.m. 5. In the meantime, learned Principal District Judge, is requested to make an arrangement for bringing out an amicable settlement between the parties. The corpus till then, shall be housed safely at Women Protect Home. Palanpur. Let her be escorted with necessary protection from the District Court.” 3. Today, at the beginning of the hearing, learned advocate Mr. Padhiyar appearing for the petitioner has urged that the parties have settled their dispute and the cause does not survive any longer. 4. We noticed that pursuant to the direction issued by us on the last occasion, learned Principal District Judge Mr. Gohel had presided over the session of mediation which had been proposed by this Court. It is necessary at this stage to make a mention of the fact that the corpus respondent no.11 is married, however, it was not the marriage of her choice and therefore, she was not willing to continue with marriage and needed to marry respondent no. 4 who was unmarried and they both registered the marriage at Abu Road as has been mentioned by us earlier in our order. The marriage of respondent no.11 was an exchange marriage and therefore, the marriage of her brother was also in jeopardy. 5. We have noticed this unpalatable custom which is prevalent in some parts of the State where the exchange marriages take place where both the siblings (brother and sister) are married to siblings of other side and unless this exchange marriages are promised, no matrimonial relationship gets finalised.
5. We have noticed this unpalatable custom which is prevalent in some parts of the State where the exchange marriages take place where both the siblings (brother and sister) are married to siblings of other side and unless this exchange marriages are promised, no matrimonial relationship gets finalised. This not only stifles the dreams and aspiration of young people, it eventually results in the parents bargaining for an amount every time there is a dispute between the couple which has married in exchange as there is a severe dearth of daughters. This is all on account of the imbalance in sex ratio in the State of Gujarat that such insistence in many parts of the State for exchange marriage continues. This dearth of daughters can in no manner entitle anyone to bargain over or capitalize on the situation and thereby allow the monetary transaction to dominate the human relations. However, it is an evil camouflaged as a social custom which requires to be redressed firmly by going deep into the same and one of the principal requirements is to create awareness amongst people of far reaching consequences of further depletion of such ratio. For present, we have been requested to permit to end this litigation as the petitioner has chosen not to continue this as amicable settlement has been arrived at. We have noticed that the concerted efforts made by learned Principle District Judge have yielded the results. 6. The corpus is before us and she has reiterated her version of joining respondent no.4 who too is agreeable to the entire scheme of the settlement which the parties have arrived at. It will now result into the respondent no.1 divorcing the husband she had married to and her joining the respondent no.4 and she will perform her marriage once again as her registration of the marriage with respondent no.4 earlier will have no validity in the eyes of law. 7. We have also ascertained from the respective parents of the settlement which has been arrived at. Although, we are at pain to accept the modality on account of the social custom which is prevalent. The fact remains that the girl will be in a position to continue the life with her choice – respondent no.4 on account of this settlement. With that note of satisfaction, at the request of learned advocate Mr.
Although, we are at pain to accept the modality on account of the social custom which is prevalent. The fact remains that the girl will be in a position to continue the life with her choice – respondent no.4 on account of this settlement. With that note of satisfaction, at the request of learned advocate Mr. Padhiyar and in wake of the developments which have taken place in last few days, this petition is being disposed of directing the Police Authority to follow-up this matter for some time so that the settlement which has been arrived at in presence of the learned Principal District Judge, Palanpur can be given an effect to and this can also result in ending the previous marriage of the corpus peacefully. 8. With that, we place on record our deep appreciation of the assistance rendered by learned Principal District Judge, Palanpur with utmost diligence and sincerity. We also express our wish and request the learned Principal District Judge that during the course of the work of the legal service authority in the District, let a drive be made for balancing the sex ratio. Let there be an endeavour and crusade for creating of awareness by legal and social education as the people also must be made aware of severe and scary consequences of such imbalance resulting into various unpredictable and unmanageable social and legal issues in the society. 9. With the above directions and observations, this petition stands disposed of accordingly.