High Court of Gujarat
SHEETAL SUPDU TAMKHANEversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- M R MENGDEY
Holding
The Police Inspector must decide the petitioner’s representation for police protection within four weeks of this order.
Summary
Sheetal Supdu Tamkhane filed a notice under the Special Marriage Act to marry, but her parents objected and began threatening her. Fearing for her safety, she applied to the Police Inspector of Athwalines Police Station on 24 January 2026 for police protection to enable her to visit the Registrar of Marriages. The police authority had not acted on the representation. The High Court, after hearing counsel, directed the Police Inspector to decide the petition for protection expeditiously, preferably within four weeks of the order. The Court disposed of the special criminal application with this directive.
Issues considered
- What relief, if any, is the petitioner entitled to under the Special Marriage Act in view of threats from family members?
- Whether the police are obligated to grant protection and decide the representation within a reasonable time.
Legislation cited
Subjects
- Police protection
- Special Criminal Application
- Special Marriage Act
- Threats
- Family objection
- Procedural direction
Judgment
R/SCR.A/1679/2026 ORDER DATED: 03/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION - POLICE
PROTECTION) NO. 1679 of 2026
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SHEETAL SUPDU TAMKHANE
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. DHRUVIN U MEHTA(9993) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 03/02/2026
ORAL ORDER
Learned advocate appearing for the petitioner submits that the
petitioner herein has issued a notice under the provisions of
Special Marriage Act, thereafter, her parents have raised the
objections against the said proceedings and the petitioner is
receiving a constant threats from her family members and
therefore, she has submitted a representation to the office of
the Police Inspector Athwalines, Police Station seeking police
protection to enable her to visit the office of the Registrar of
Marriages. However, though the said representation has been
submitted on 24.01.2026 the same has not been decided by the
concerned authority till date. Having regard to the same, the
Police Inspector Athwalines, Surat City shall decide and dispose
of the representation dated 24.01.2026 submitted by the
petitioner as expeditiously as possible preferably within a
period of 4 weeks from the date of receipt of the present
order. With these observations the application stands disposed
of.
(M. R. MENGDEY,J)
SAKSHI MAURYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAKSHI MAURYA(HC02367), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/02/2026 12:20:48
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