In a landmark ruling, the Delhi High Court has emphasized the constitutional right of individuals to marry a person of their own choice, stating that it is an “indelible” right that even family members cannot object to. The court’s decision came while granting police protection to a couple who faced threats from their family after their marriage.
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Justice Tushar Rao Gedela, presiding over the case, highlighted the state’s constitutional obligation to safeguard its citizens. He asserted,
“The right of the petitioners to marry a person of their own choice is indelible and protected under the Constitution, which cannot be diluted in any manner whatsoever.”
The court’s strong stance on the matter was evident when it stated,
“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”
This was in response to the couple’s plea for police protection, as they had married in April against their parents’ wishes and had since been living together amidst threats, especially from the woman’s mother.
Understanding the gravity of the situation and the potential harm the couple could face, the court directed the state to ensure their safety. The order explicitly mentioned that protection should be provided to both individuals, with particular emphasis on safeguarding them from potential harm by the woman’s parents or other family members. The court also instructed the beat officer to periodically check on the couple’s well-being.
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Furthermore, the court ordered that if the couple were to change their residence, the Investigating Officer (I.O.) should inform the Station House Officer (SHO) of the relevant police station. The SHO would then be responsible for ensuring the couple’s safety in line with the court’s directives. The couple was also directed to disclose their current residential and work addresses to the I.O., who was instructed not to share this information with any unauthorized person.
This ruling by the Delhi High Court underscores the importance of individual rights and freedoms, particularly in matters of personal choice and relationships. It sends a clear message about the sanctity of personal decisions and the state’s duty to protect its citizens from potential harm, even if the threat comes from within the family.
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