The Delhi High Court recently held that the right to marry a person of one’s own choice is indelible and protected under the Constitution and it cannot be diluted..Justice Tushar Rao Gedela said that the State is under constitutional obligation to provide protection to its citizens and the constitutional courts are also expected to further the constitutional rights of people.“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,” the Cour observation..Justice Gedela was dealing with a plea filed by a couple who got married against the wishes of their parents and were facing threats from them.The Court noted that both the petitioners are major and the family members cannot object to their relation or matrimonial ties.“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,” the Court said.It further directed the investigating officer (IO) to provide the contact of local police officers to the petitioners and beat officer to contact the petitioner every day for the next two months to ensure that they are un-harmed..Advocate Amit Sharma appeared for the petitioner couple.Delhi Police was represented through its Additional Standing Counsel (Criminal) Anand V Khatri..[Read Order]
The Delhi High Court recently held that the right to marry a person of one’s own choice is indelible and protected under the Constitution and it cannot be diluted..Justice Tushar Rao Gedela said that the State is under constitutional obligation to provide protection to its citizens and the constitutional courts are also expected to further the constitutional rights of people.“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,” the Cour observation..Justice Gedela was dealing with a plea filed by a couple who got married against the wishes of their parents and were facing threats from them.The Court noted that both the petitioners are major and the family members cannot object to their relation or matrimonial ties.“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,” the Court said.It further directed the investigating officer (IO) to provide the contact of local police officers to the petitioners and beat officer to contact the petitioner every day for the next two months to ensure that they are un-harmed..Advocate Amit Sharma appeared for the petitioner couple.Delhi Police was represented through its Additional Standing Counsel (Criminal) Anand V Khatri..[Read Order]