Marrying the person of choice is constitutional right, family can’t object: Delhi HC

The Delhi High Court has ruled that a person’s right to marry the person of their choice is indelible and protected by the constitution, and that even family members cannot object to such matrimonial relations. The court granted police protection to a couple who were receiving threats from their family after marriage.

Justice Tushar Rao Gedela recently emphasised in an order that the State has a fundamental duty to safeguard its citizens and that the high court, as a constitutional court, is obliged to advance the couple’s constitutional rights.

“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,” the court asserted while dealing with the couple’s petition for police protection.

The petitioners stated that despite threats from family members, especially the woman’s mother, they were happily living together since their April marriage, which had taken place against the wishes of their parents.

The court directed the “State to provide protection to both the petitioners and ensure that no harm befalls either of them, particularly, from the parents or the family members” of the woman and asked the beat officer concerned to periodically check on them.

“In case the petitioners have shifted to a place other than the one shown in the memo of parties, the I.O. shall intimate the said SHO of the concerned police station having territorial jurisdiction over the residential address of the petitioners, who shall comply with the present order in letter and spirit,” the court ordered.

“The petitioners shall disclose their present residential address as well as working address to the I.O., who shall not disclose the same to any unauthorised person,” it said.

(With inputs from PTI)