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Justice Gedela said, "This Court being a Constitutional Court is also expected to further the constitutional rights of the petitioners"
While granting police protection to a couple facing threats from their family post-marriage, the Delhi High Court recently said that the right to marry a person of one's own choice is indelible and constitutionally protected, and not even family members can object to such matrimonial ties.
In a recent order, the bench of Justice Tushar Rao Gedela emphasized that the state is under a constitutional obligation to provide protection to its citizens, and the high court, being a constitutional court, is expected to further the constitutional rights of the couple.
"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 said.
“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 said.
The petitioners submitted that they got married in April against the wishes of their parents and had been living together happily since then amid threats from family members, particularly the mother of the woman.
Court directed the state to provide protection to both petitioners and ensure that no harm befalls either of them, particularly from the parents or 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 their working address to the I.O., who shall not disclose the same to any unauthorized person,” it said.
Case Title: Smt. Deepali & Anr. v. State of NCT of Delhi & Anr.
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