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Delhi High Court Affirms Adults' Right To Choose Spouse, Orders Police Protection

The decision echoes similar directions this week from the J&KLadakh High Court, reflecting a wider judicial push to shield threatened couples.

Overview

  • Justice Saurabh Banerjee ruled that consenting adults require no societal or parental approval to select their life partners and that no one may interfere with such choices.
  • The court granted protection to a married couple facing threats from the woman's father and permitted direct contact with the local Station House Officer or beat officers for assistance.
  • The order characterized the right to marry as an incident of human liberty grounded in Article 21 and underscored by the Universal Declaration of Human Rights.
  • A February 3 order by Justice Moksha Khajuria Kazmi of the J&K and Ladakh High Court similarly held that family or community consent is unnecessary once two adults choose to wed, with protection directed for the couple.
  • Related rulings from the Punjab and Haryana High Court emphasized safeguarding the fundamental right to life and liberty, extending protection even where a valid marriage is not in issue, such as live-in relationships.