New Delhi: The Delhi High Court has said that an individual’s right to choose a life partner cannot be restricted by matters of faith and religion.
It said that the right to marry is an “incident of human liberty” and should not be dictated by the state, society, or parents when it involves consenting adults.
The observation came as Justice Saurabh Banerjee granted protection to a couple facing threats from the woman’s family.
The couple, both of legal age, married under the Special Marriage Act, 1954, against their parents’ wishes, leading to constant threats.
The court noted that the right to marry a person of one’s choice is integral to Article 21 of the Constitution, which guarantees the right to life and personal liberty. It highlighted that personal choices, especially in matters of marriage, are protected under Article 21.
Justice Banerjee said that the woman’s parents cannot threaten the life and liberty of the couple, stating that they do not require social approval for their personal decisions and choices.
The court directed the authorities to provide contact information for a Beat Constable and the SHO to the couple, ensuring their protection as needed.