‘Woman Can’t be Forced to Cohabit With Husband’: Separated by Husband, Gujarat High Court Reunites Woman With Lover
In an unusual case, the Gujarat High Court has reunited a live-in couple who were forcibly separated by the woman’s husband. The woman’s partner had sought legal recourse for her custody after she was taken away by her husband and confined to her maternal home.
Ahmedabad, April 20: In an unusual case, the Gujarat High Court has reunited a live-in couple who were forcibly separated by the woman’s husband saying that “woman can’t be forced to cohabit with husband.” The woman’s partner had sought legal recourse for her custody after she was taken away by her husband and confined to her maternal home.
TOI reported that the couple, who had been living together in Khambha town, Amreli district since January this year, had met after the woman left her husband due to marital discord, leaving a son behind. To circumvent potential issues, they had signed a live-in relationship contract when they moved to Khambha. 'You Are Dealing With Human Beings': Gujarat High Court Raps PSC for Rejecting Pregnant Candidate's Plea To Postpone Interview.
However, a month later, the woman’s husband allegedly assaulted the couple at their residence, forcibly took his wife, and left her at her maternal home near Mahuva town in Bhavnagar due to their strained marriage. 'Let Police Look Into The Matter': High Court Refuses To Take Cognizance of Attack on Foreign Students at Gujarat University, Says 'Can't Turn Into Investigative Agency'.
The woman’s live-in partner subsequently filed an FIR with the Khambha police against the husband for assault and abduction. He also filed a habeas corpus petition in the high court through advocate Rathin Raval, stating that the woman had contacted him from her father’s house, asking him to help free her from her family.
Presenting their live-in relationship contract and the FIR as evidence of their relationship and her forced separation from him, he sought the court’s intervention. The bench of Justice A Y Kogje and Justice S J Dave ordered the police to bring the woman before the court.
On April 8, the woman appeared before the judges and chose to accompany her live-in partner. “Since the high court was in the habeas corpus jurisdiction, it simply followed the wish of the corpus and allowed her to go with the petitioner,” the lawyer explained.
Given the history of violence in this case, the lawyer also requested police protection for the couple. The high court granted this request, ordering protection for them until they reached home.
(The above story first appeared on LatestLY on Apr 20, 2024 11:38 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).