The Delhi High Court while granting protection to a couple who apprehended danger to their lives, as they married each other against the will and wishes of the family, has observed that the right to marry a person of own choice is a right protected under the Constitution of India to which even the family members cannot object.

While holding that the Court being a Constitutional Court is also expected to further the constitutional rights of the petitioners, a bench of Justice Tushar Rao Gedela observed, “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. 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”.

Advocate Amit Sharma appeared along with the petitioners in person, and ASC (Criminal) Anand V. Khatri appeared for the respondent-State.

The present petition was filed under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., 1973 seeking a writ of mandamus directing the State to provide protection to the petitioners, who got married against the wishes of their parents.

As per the facts, the Court by an order dated August 2, 2023 quashed an FIR registered under Sections 354, 506, 509 IPC, 1860 on the complaint filed by the petitioner No.1 (the wife) herein against the petitioner No.2 (the husband) on the statement that she was forced by her own family members to file such an FIR on false and frivolous grounds.

However, it was submitted that during the pendency of the FIR the petitioners got married on April 5, 2023, and they are co-habiting together happily since then.

It was further that the petitioners subsequent to the quashing of the FIR have been receiving constant the threats from the family members, particularly the mother of the petitioner No.1 and has incessantly continued till date.

The Counsel for the State, although submitted that the respondents i.e., the parents and other family members of the petitioner No.1 have written a letter to the I.O., wherein they have assured that they will not harm either of the petitioners and that as per the directions of the Court, the State would provide adequate protection to the petitioners.

Accordingly, the bench further directed in the order “In that view of the matter, the Court directs the State to provide protection to both the petitioners and ensure that no harm befalls either of them, particularly, from the parents or the family members of the petitioner No.1… Let the Beat Officer call upon the petitioners before 9:00 AM and after 6:00 PM everyday for the next two months to ensure that both of them are un-harmed”.

Cause Title: Deepali & Anr v. State Of Nct Of Delhi & Anr

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Justice Tushar Rao Gedela

Agatha Shukla