Adults have fundamental right to choose their life partners despite parents opposition, observes Uttarakhand High Court

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The Uttarakhand High Court recently granted protection to a couple who got married, as the father of the girl threatened the boy and pressurized his daughter to end the wedlock.

The Division Bench of CJ RS Chauhan and Justice Alok Kumar Verma issued the directions in the plea and observed that,“Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, even inspite of the opposition voiced by the family members. Therefore, respondent No. 3 (Father of girl) should not be permitted to threaten or to hurt the petitioners.”

The facts of the present case stated that the petitioners, Ms. Haseena (girl) and Mr. Bablu (boy) got married on 08.06.2021 as per the Muslim customs and rites at Jwalapur, DistrictHaridwar. Both of them belong to Islam religion. According to the Aadhar Cards, both the petitioners are major. However, the respondent No. 3, who is the father of the girl, never accepted their marriage. In fact, he continuously pressurized the girl to return to her parental house. Furthermore, the respondent no. 3 is threatening the petitioners with dire consequences.

It must be noted that on 08.06.2021, the petitioners had submitted a representation to the Senior Superintendent of Police, District-Haridwar, for the protection of their lives and liberties. But so far, no action has been taken by him.

According to the learned counsel for the petitioners, since both the petitioners are major, they are free to choose their life partners. Even if father is opposed the marriage, he cannot be permitted to interfere with the fundamental rights of the petitioners. Therefore he urged the Court to provide protection to the petitioners.

Taking into account the factual matrix of the case, the bench observed that,

“the respondent No. 2, the Station House Officer, Police Station Shyampur, District Haridwar, to immediately provide police protection to both the petitioners. The protection shall not only be for their lives, but shall also extend to protecting their property, if any.”

The matter is listed to be heard after 4 weeks.

[Case title -Writ Petition (CRL) No. 956 of 2021]