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The Gujarat High Court in Sandipbhai Arjunbhai Vasava v. State of Gujarat stayed the arrest of a lawyer, who has been booked under child marriage prohibition laws, for preparing a live-in relationship contract for a couple in the district of Narmada. The said order has been passed by Justice R P Dholakia.
Advocate, Sandip Vasava, approached the High Court requesting for quashing of an FIR filed by the district Child Marriage Prohibition officer with Sagbara Police, for aiding the marriage of Nikhil and Roshni Vasava.
The boy’s father filed a complaint and hence, FIR was lodged, stating that his son was not of marriageable age required as per law when the marriage took place at a temple in January. It was also contended that the groom had not reached the age of 21 (as required by law) even when the Lawyer prepared the legal document declaring the live-in relationship in March.
The Lawyer was accused of providing assistance and advice to the couple, though the groom was not of marriageable age. The petitioner’s Advocate Ronith Joy submitted before the High Court that Nikhil and Roshni are older than 20 and hence, are legally competent to enter into an agreement to have a live-in relationship at their option.
A live-in relationship is not a marriage by any sort of imagination, and the documents do not even mention Vasava’s name. The lawyer did not have any role to play in the marriage, even if there was any.
It was asserted that the lawyer was never directly involved nor had any active participation in the marriage ceremony. No evidence to this effect proves that there is no marriage certificate or photographs establishing the lawyer’s presence. The petition contends,
“Petitioner in no way suggested that Roshni and Nikhil get married as being a lawyer he was quite conscious of the law of the land.”
After hearing both the parties, the Honorable Gujarat High Court stayed any coercive action against the lawyer and issued notice to the government seeking a reply by August 19.
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