"Major Persons Have The Fundamental Right To Choose Their Own Life Partners Inspite Opposition Voiced By Family Members": Uttarakhand High Court

The Uttarakhand High Court on Tuesday granted protection to an inter faith couple by directing the Police to provide them immediate protection after observing that individuals who are major have a fundamental right to choose their life partners despite the opposition voiced by their family members.

A division bench comprising of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma was dealing with a plea filed by interfaith couple namely Noori Begum @ Akansha and Arbaj who had married each other as per Muslim customs and rites on 26th February this year.

"Undoubtedly, persons, who are major, have a fundamental right to choose their own life-partners, even inspite of the opposition voiced by the family members. Therefore, respondent Nos. 3 & 4 should not be permitted to threaten or to hurt the petitioners." The Court observed.

It was the case of the petitioners that both of them being majors are free to choose their life partners. In their plea, it was alleged that the father and mother of the girl have threatened the couple to kill them after not accepting their marriage.

Seeking protection from the Court, the couple had alleged that the parents might hire goons to take back the girl. It was also stated that despite a representation dated 14th June 2021 being written by the couple to the Senior Superintendent of Police, District-Udham Singh Nagar, for the protection of their lives and liberties, no action was done by them.

In view of the facts of the case, the Court ordered thus:

"Hence, this Court directs the respondent No. 2, the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar, to immediately provide police protection to both the petitioners. The protection shall not only be for their lives, but shall also extend to protecting their property, if any."

Issuing notice in the plea to the respondent parents returnable within four weeks, the Court granted four weeks time to the Advocate General for the Stateto file counter affidavit in the matter.

Title: Writ Petition (CRL) No. 955 of 2021

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