Gujarat HC grants woman protection for divorce

AHMEDABAD: It is commonplace for inter-faith and inter-caste couples to seek police protection fearing family backlash. In a rare occurrence, the Gujarat high court has ordered protection to a woman to take divorce from her husband.

Interestingly, the state police opposed her demand stating that the woman was living-in with another man. Her relationship was illegitimate and hence she cannot approach court, it said. The opposition was overruled by the court, which said that irrespective of her marital status, a woman can seek protection if she fears for her safety.

Anita Chaudhary, from Siddhpur town of Patan district in north Gujarat, moved the high court in January last week seeking protection for herself and her live-in partner Rakesh Chaudhary.

Anita told the court that she wanted protection so that she could file a divorce petition. She said he feared inviting wrath of her own family as well as her husband and in-laws. She told the court she wished to begin life afresh with her live-in partner after getting divorce.

Government had opposed request for protection

Please direct the Patan district police not to harass me and my live-in partner at the behest of the relatives. Please also direct police to provide me protection from relatives as I fear they might harass, threaten and even cause harm to me," Anita submitted before court. She also demanded police protection for her friend Rakesh because of her relationship with him. The state government opposed the demand for protection saying Anita is committing an illegal offence act by living in with a man despite being a married woman. She cannot approach the court for protection for divorce proceedings on basis of her apprehensions. After hearing the case, Justice Sonia Gokani said that irrespective of her relationship, the citizen is entitled to protection if she feels apprehensive of violence from her relatives.

In an order signed on Tuesday, the HC directed Patan district police to provide protection to Anita and Rakesh for four weeks and said, “In the meantime, she may approach the court of law (for divorce) and make necessary arrangement for herself.”