Delhi HC Grants Couple Protection, Says Adults Have Right To Marry Person Of Choice

Who you marry is such an important decision to make, it indeed has far-reaching effects. You come across the right partner for you and it's time to take the big step. Unfortunately, it isn't as easy as it sounds. Soon, your family gets involved and they might not approve of it. Things get worse in cases where couples end up tying the knot against their family's will.

Recently, a couple who got married earlier this year filed a petition for a protection order. The petitioners tied the knot on April 5, 2023, and ever since then, they have been happily together. However, since they married against their families' will, they were constantly getting threats from them, especially the mother of the woman. On August 2, 2023, the woman was forced by her family members to file a false complaint against her husband.

When the couple took back the FIR, they started receiving threats from their families, following which they sought protection from the court.

Delhi High Court Grants Protection To The Couple

The bench consisting of Justice Tushar Rao Gedela ordered the state to protect the couple to ensure that they aren't harmed by their parents or family members. A Beat Officer has been appointed for the petitioners before 9 a.m. and after 6 p.m. every day for two months.

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Right To Marry A Person Of Choice

Justice Tushar Rao Gedela said, “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 protect 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 the matrimonial ties between the petitioners”. The Delhi High Court (Delhi High Court on sex determination based abortions) granted the petitioners security based on their constitutional rights to marry the person of their choice.

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Right To Marry Under The Constitution Of India

Under the Constitution of India, the Right to Marry doesn't fall under fundamental rights. However, Article 21 of the Constitution of India guarantees that a person has the right to life and personal liberty. It states, “No person shall be deprived of his life or personal liberty except according to a procedure established by law.” Based on the Article, every person has the right to marry the person of their choice.

Speaking of the legal recognition, the constituion does recognise hetrosexual marriages, there is still no law for same-sex couples. During the recent same-sex marriage verdict, the five judges observed that there was no fundamental right to marry under the constitution of India. The bench further rejected the plea for same-sex marriage, stating that it was for the legislature to decide the legal recognition of non-hetrosexual marriages in India.