Delhi High Court Affirms Right to Marry by Choice Amid Alleged Threat from Woman’s Father

Reaffirming the fundamental right to choose a life partner, the Delhi High Court has granted protection to a married couple facing threats from the woman’s father. The court emphasized that the decision of consenting adults should not be interfered with by family or society, highlighting the couple’s entitlement to protection under Article 21 of the Constitution. This ruling underscores the importance of personal liberty and autonomy in matters of marriage.

Background of the Case

The couple, who were married on July 30, 2025, in accordance with Hindu rites at an Arya Samaj temple in Delhi, sought the court’s intervention after facing threats from the woman’s father. Their marriage was registered in October 2025, but it occurred against the father’s wishes, leading to an FIR being filed against them in Uttar Pradesh under Section 87 of the Bharatiya Nyaya Sanhita. The couple approached the Delhi High Court for protection, seeking a directive for police assistance against the alleged threats.

During the proceedings, the petitioners’ counsel informed the court that the couple were consenting adults who had made a personal decision to marry. The counsel argued that their right to choose their partner should be respected and protected by the state, especially in light of the threats they faced from the woman’s father. The court’s examination of the case was not limited to the immediate facts but also considered broader constitutional principles regarding personal autonomy and dignity.

Legal Issues Addressed

A key issue before the court was whether a legally married adult couple facing familial opposition is entitled to state protection for their life and liberty. The court recognized that the case involved significant constitutional questions surrounding autonomy and the right to make personal decisions regarding marriage. It emphasized that the freedom to marry is a fundamental aspect of human liberty, protected under Article 21 of the Indian Constitution.

The court approached the matter by placing it within the larger context of individual rights, asserting that the choice of a life partner is a personal decision that should not be subject to external interference. The judges highlighted that societal or familial opposition cannot justify threats or violence against individuals exercising their rights. This perspective aligns with established legal precedents affirming the right to marry without coercion or intimidation.

Court’s Reasoning and Ruling

In its ruling, the Delhi High Court underscored that marriage is a fundamental right stemming from individual liberty. The court noted that this right is not only enshrined in the Constitution but also recognized in international human rights frameworks. The judges reiterated that personal choices, particularly regarding marriage, should be respected and protected from external interference.

The court cited previous judgments, including the landmark case of Shafin Jahan v. Asokan K.M., which affirmed the right to marry as integral to personal liberty. It also referenced Lata Singh v. The State of Uttar Pradesh, which condemned harassment of couples in inter-caste or inter-religious unions. The court’s ruling emphasized that once individuals reach adulthood, they possess the autonomy to make decisions about their partners without fear of reprisal from family members or societal actors.

Ultimately, the court directed local police to provide protection to the couple whenever necessary and instructed them to inform the authorities of any change in residence. This practical approach aims to ensure the couple’s safety while reinforcing their constitutional rights.


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