Jahanvi Agarwal
In a recent decision to grant police protection to a couple who defied their parents’ wishes to marry, the Delhi High Court emphasized that when individuals are of legal age, their constitutional right to choose their life partner is safeguarded under the Constitution of India.
The court presided over by Justice Tushar Rao Gedela, asserted that no one, not even family members, can challenge or object to such a relationship once the couple is of legal age. The court highlighted that the right to marry is inviolable and that the State has a constitutional obligation to safeguard its citizens.
The couple, seeking protection, informed the Bench that a prior bench had earlier quashed a First Information Report (FIR) filed by the woman against the man in August. The woman had admitted that she was coerced by her family members to file the case on false grounds. They further disclosed that they had married in April while the FIR was still pending and had been living together happily ever since.
The court, functioning as a Constitutional Court, acknowledged its responsibility to uphold their constitutional rights. Consequently, it instructed the Delhi Police to provide protection to the couple and ensure their safety, particularly concerning potential threats from the woman’s parents or family members.
In its ruling, the court reiterated that the right of individuals to choose their life partner is an inherent and constitutionally protected right, which should remain unaltered. Simultaneously, it emphasized that the State carries a constitutional duty to safeguard its citizens.
Case Name: Smt. Deepali & Anr. v. State of NCT of Delhi & Anr.
Diary Number: 3016/2023
Bench: Justice Tushar Rao Gedela