Lives Of Consenting Adults Living Together As Husband & Wife Cannot Be Interfered With By Third Parties, Their Families: Delhi High Court

"Once two adults consent to live together as husband and wife there can be perceivably no interference in their lives from third parties, including their family," the Delhi High Court has recently observed.

Justice Tushar Rao Gedela further added that the State is under a Constitutional obligation to protect its citizens especially in cases where the marriage is solemnized between two consenting adults irrespective of the caste or community.

"The Constitutional Courts under our framework are empowered to pass orders to protect the citizens specially in the cases of the nature to which the present dispute pertains. Once two adults consent to live together as husband and wife there can be perceivably no interference in their lives from third parties, including their family. Our Constitution ensures it too. It is not only the duty of the State but also its machinery and the agencies which ensure law and order to ensure that no harm comes to the citizens of this country," the Court said.

The Court was dealing with a plea filed by a couple who had married each other last month in accordance with Special Marriage Act.

It was submitted on behalf of the woman that she had left her home as her parents and other family members were torturing and harassing her on account of her relationship with her lover, now husband.

It was submitted that she had filed a complaint in Delhi as well as Ghaziabad, Uttar Pradesh against the private respondents, however, no action was taken.

It was further submitted on behalf of the couple that the father of woman was politically a well connected person in Uttar Pradesh and was capable of influencing the State machinery to their detriment.

It was thus submitted that there was an apprehension of physical harm from the side of family members of the woman. It was also the couple's case that they were major and had consented for marriage mutually.

On the asking of Court, the counsel appearing for the couple submitted that post marriage, they were living in various hotels and changing them frequently due to fear and that unless they were protected, they will not be able to reside at a particular identified place.

"There is no dispute that in the present case the petitioners no.1 and 2 are major and the marriage certificate placed on record prima-facie also lends credence to their submission," the Court said.

The Court thus directed the police officials to immediately respond in case of any call received from the couple regarding any incident of emergency or threat.

"The beat officer(s) of the concerned area shall visit the residence once in two days only for the next three weeks to ensure the safety of the petitioners," the Court ordered.

Accordingly, the plea was disposed of.

Case Title: HINA & ANR. v. THE STATE & ORS.

Citation: 2022 LiveLaw (Del) 698

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