Family disapproval can't curb freedom of two adults to choose each other as life partners: Delhi High Court

The Delhi High Court recently ordered the Delhi police to extend protection to a couple who claimed that they were facing threats after they eloped and married against the wishes of the woman's family [Prince Tyagi And Anr Vs State of NCT of Delhi And Ors].

Justice Sanjeev Narula observed that family disapproval cannot curtail the rights of two consenting adults to to choose each other as life partners, which is protected under Article 21 of the Constitution of India.

“The right of two consenting adults to choose each other as life partners and to live together in peace is a facet of their personal liberty, privacy, and dignity protected under Article 21. Family disapproval cannot curtail that autonomy. The Supreme Court has repeatedly affirmed this position and directed the police to safeguard such couples from intimidation or harm,” the Court stated. 

The married couple had approached the Court after the woman's family members allegedly sent life threats through messages, phone calls and video calls.

A missing person complaint had also been filed by the woman's family members. The police conducted a preliminary enquiry by which it got to know that she had voluntary left her parents’ house and got married.  

After considering their submissions, the Court directed the Delhi police to ensure adequate protection to the couple by designating beat officers to check on their safety.  

“As regards the Petitioners’ apprehension of threats, Respondent No. 1 (Delhi police/ State of Delhi) shall ensure adequate protection. The SHO of the concerned police station shall designate a beat officer, sensitise him/her to the present order, and furnish to the Petitioners, the mobile numbers of the beat officer and the station’s 24×7 contact. Upon any complaint of threat, the police shall promptly enter a DD entry and extend immediate assistance. For coordination, counsel for the Petitioners shall share the Petitioners’ current place of residence and contact details with the Investigating Officer, today itself,” the Court stated in its August 5 order.

Advocates Anjaneya Mishra, Nidish Gupta, Sahil and Abhishek Shukla appeared for the couple.

Special Counsel Rahul Tyagi with Advocates Sangeet Sibou, Priyansh Raj Singh Senger and Aniket Kumar Singh appeared for the State.

[Read order]