In a recent ruling, the Delhi High Court reaffirmed the fundamental right of individuals to marry a person of their choice, emphasizing that this right is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The Court's decision came in response to a petition filed by a couple who sought protection from threats by the family members of one of the petitioners.
Brief Facts of the Case:
The case involves a petition filed in the High Court of Delhi by the petitioners who got married on October 6, 2023, in accordance with Muslim rites and ceremonies. Their Nikahnama (marriage certificate) was duly registered by a Qazi, in adherence to Muslim law.
However, their marriage faced opposition from the family members of one of the petitioners, specifically, the father and uncle of the petitioner. They threatened the couple with dire consequences due to their marriage, as it was solemnized against the wishes of the family members.
The petitioners, being adults who had willingly entered into a marital relationship, sought protection from these life and liberty threats and approached the Delhi High Court for assistance.
Contentions of the Petitioners:
The petitioners contended that they were both adults who willingly entered into a marriage, which was legally solemnized according to Muslim rites. They asserted that the threats and opposition they were facing from the family members were unjustified and posed a danger to their life and liberty.
Observations by the Court:
Justice Saurabh Banerjee, while hearing the case, cited the right to marry as an integral facet of Article 21 of the Constitution of India. This right is also emphasized in the Universal Declaration of Human Rights, and it underscores an individual's liberty. The Court referred to previous judgments, including the case of Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368), which upheld the right to marry a person of one's choice as integral to Article 21.
The Court also quoted the case of Lata Singh v. State of U.P. & Another, which addressed inter-caste or inter-religious marriages, emphasizing that individuals who undergo such marriages have the right to do so without facing threats or violence. The Court directed that those who threaten or harass couples in such marriages should be held accountable through criminal proceedings.
The Court stated, "when the parties herein are two consenting adults who have chosen to willingly agree to join hands by way of marriage, there can hardly be any impediment on the way, be it from the parents/relatives or the Society at large or the State. There is nothing left for anybody to interfere in the lives of the parties herein."
Decision of the Court:
The Delhi High Court allowed the petition and granted the couple police protection. The Court ordered the couple to feel free to contact either the Station House Officer (SHO) or the Beat Constable of the concerned police station whenever necessary. It emphasized that the couple, as consenting adults, are well within their rights to marry each other and do not require social approval for their personal choices.
Case Name: Md Nemat Ali and Anr. vs. The State and Ors.
Coram: Justice Saurabh Banerjee
Case No.: W.P.(CRL) 3045/2023
Advocate of the Petitioner: Anuj Soni
Advocates of the Respondent: Rupali Bandhopadhya, Akshay Kumar, and Abhijeet Kumar
Read Order @LatestLaws.com
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