Right To Marry Person Of Choice Protected Under Constitution, Not Even Family Members Can Object: Delhi High Court

While granting police protection to a couple who got married against the wishes of their parents, the Delhi High Court has said that where the parties are major, their right to marry a person of choice is protected under the Constitution of India and even their family members cannot object to such relationship.

Justice Tushar Rao Gedela observed that the couple’s right to marry cannot be diluted in any manner and that the State is under a constitutional obligation to provide protection to its citizens.

“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 couple who moved court seeking protection told Justice Gedela that a coordinate bench in August had quashed an FIR registered by the woman against the man after she took a stand that she was forced by her own family members to file the case on false and frivolous grounds.

It was submitted that they got married in April during the pendency of the FIR and that they have been co-habiting together happily since then.

The court granted relief to the couple observing that being a Constitutional Court, it is expected to further their constitutional rights.

Accordingly, the court directed the Delhi Police to provide protection to the couple and ensure that no harm befalls either of them, particularly, from the woman’s parents or the family members.

“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. Equally, the State is under a constitutional obligation to provide protection to its citizens,” the court said.

Title: SMT. DEEPALI & ANR. v. STATE OF NCT OF DELHI & ANR

Citation: 2023 LiveLaw (Del) 1025

Click Here To Read Order