‘Society has no role to play’: Delhi High Court protects newlyweds from family threats, citing ‘inalienable’ right to marry

Justice Saurabh Banerjee ordered the police to grant protection the couple.

The court clarified that in matters of private choice and disposition, the society and/ or the public, including their own parents/ relatives/ friends of those involved, have no role to play, especially when the parties are two consenting adults who have, out of their free choice and their wisdom, entered into the pure bond of marriage.

‘Choosing partner personal matter’

• One’s choice of choosing a partner is a personal matter which is a matter of liberty, hardly leaving any scope for interference, unless otherwise.
• This is recognised and highlighted by the Supreme Court in Shafin Jahan v Asokan K M, as well as in Lata Singh v State of U P and Another.
• The petitioners shall be free to get in touch with either theStation House officer (SHO) or the head/beat constable, i.e., Govind Puri, Delhi, if, as and when the need so arises.

• The SHO and the concerned beat constable shall also take all possible steps to provide adequate assistance and protection, as and when needed, to the petitioners, in accordance with law.
• If the petitioners choose to reside within the jurisdiction of any other Police Station (PS), they shall apprise the same and give the complete details, including the address, to the SHO of the concerned PS within a period of three days from shifting.
• The concerned SHO shall also take all possible steps to provide adequate assistance and protection, as and when needed, to the petitioners, in accordance with the law.

Background

• The petitioner and his wife approached the court seeking a mandamus under Article 226 and 227 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• The couple, both consenting adults, solemnised their marriage in accordance with Hindu rites and ceremonies at the Arya Samaj Vivah Sthal Trust on January 22, 2026.
• Appearing for the petitioners, advocate Vijay Kumar Singh submitted that the petitioners are consenting adults who, of their own free will, have solemnised their marriage in accordance with Hindu Rites and Ceremonies at the Arya Samaj Vivah Sthal Trust.
• He further submitted that, unfortunately, the petitioners are facing continuous threats, intimidation, and harassment from the family members of the wife, including serious threats to the lives of the petitioners.

Other court rullings

• The Jammu and Kashmir and Ladakh High Court recently granted protection to a couple, observing that they had married against the wishes of their families, and that obstructing the right to express one’s own choice would strike at the “core of dignity”.
• Justice M A Chowdhary was hearing the plea of the couple who sought protection and security cover, stating that they were apprehensive of violence and harassment at the hands of their relatives after marrying against their wishes.
• Last year in December, coming to the rescue of a couple that married against their family’s wishes, the Jammu and Kashmir and Ladakh High Court has directed the state authorities to protect the “adults” who married out of “volition”.

• Justice Moksha Khajuria Kazami was hearing the plea of the couple seeking directions to the state authorities to grant them protection from the estranged family members.The court observed that it could be “unequivocally” said that the couple had the right and any infringement was “a constitutional violation”.
• ThePunjab and Haryana High Court in one of its order in December last year directed the police to take “necessary steps” to protect a couple from threats who were in a live-in relationship.
• Justice Subhas Mehla noted that the fundamental right to life stands at such a high pedestal that it must be protected even in the absence of a valid marriage between the parties
• The court said that the fundamental right to life and liberty is so sacrosanct and stands at such a high pedestal that it must be protected even in the absence of an incident like solemnisation of a valid marriage between the parties.