Uttarakhand HC grants police protection to couple threatened by family

The Nainital Bench of Uttarakhand High Court granted police protection to newly married couple who was being threatened by the woman’s family. The bench of Chief Justice Sri Raghvendra Singh Chauhan And Justice Narayan Singh Dhanik Observed that persons, who are major, have a fundamental right to choose their own life-partners, even inspite of the opposition voiced by the family members.

The petitioners, Ms. Swati and Mr. Amit Gupta, both major, have filed the present writ petition, on the ground that since they had fallen in love with each other, both of them got married. According to the High School Mark-sheets, both the petitioners were major. However, the father of and brother of Ms. Swati never gave acceptance to their marriage. It is stated that these respondents are continuously threatening both the petitioners with dire consequences.

 The petitioners have contended that since both the petitioners are major, they are free to choose their life partners. Even ifthe family opposes the marriage, they cannot be permitted to interfere with the fundamental rights of the petitioners. However, despite repeated requests, the police is yet to provide protection to the petitioners. Thus, the petitioners have prayed for police protection.

Noting that “persons, who   are major, have a fundamental right to choose their own life-partners, even inspite of the opposition voiced by the family members” the Court stated that the family can not hurt the petitioners. Hence, the Court granted police protection to the couple. “The protection shall not only be for their lives, but shall also extend to protecting their property,” the Court stated.

Swati & Anr. v. State of Uttarakhand