It is
entirely in order and so also in the fitness of things that in a pragmatic,
progressive and persuasive yet powerful stand, the Delhi High Court in a most
learned, laudable, landmark, logical and latest judgment titled Prince Tyagi
And Anr vs State of NCT of Delhi And Ors in W.P.(CRL) 2419/2025 & CRL.M.A.
22758/2025, CRL.M.A. 22759/2025 that was pronounced as recently as on
05.08.2025 has strictly directed the police to provide full protection to a
married couple who were facing alleged serious threats and so also interference
from the woman’s family which definitely beyond a straw of doubt cannot
be ever justified under any circumstances. It must be noted that the Single
Judge Bench of the Delhi High Court comprising of Hon’ble Mr Sanjeev Narula
while taking the right step in the right direction has on a pragmatic note most
commendably affirmed that the right of consenting adults to choose a life
partner and live together in peace is safeguarded under Article 21 of the Constitution.
There can be just no denying or disputing it!
To put
it differently, it is also made crystal clear in this most commendable judgment
by the Delhi High Court maintaining steadfastly that even parents cannot interfere
nor can any other relative or any other person when two consenting adults
choose a life partner and live together in peace as has been underscored most
vividly in this leading judgment! It also deserves mentioning that the Bench in
this brief, brilliant, bold and balanced judgment while deciding a writ
petition under Article 226 of the Constitution read with Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, issued preventive directions. Very
rightly so!
At the
very outset, this robust, rational, remarkable and recent judgment authored by
the Single Judge Bench of the Delhi High Court comprising of Hon’ble Mr Sanjeev
Narula sets the ball in motion by first and foremost putting forth succinctly
in para 1 that, “The present petition is filed by a young couple who have
lawfully solemnized their marriage, seeking the Court’s intervention to ensure
their safety and protect their right to live together in peace. Faced with
apprehensions of threats, coercion, and interference from family members
opposed to their union, the Petitioners approach this Court under Article 226
of the Constitution of India read with Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 [“BNSS”] (formerly Section 482 of the Code of Criminal
Procedure, 1973 [“Cr.P.C”]) seeking the following relief:
“a. Issue an appropriate writ, order
or direction, more particularly a writ of mandamus, directing the Respondent
No.1 to provide protection to both the Petitioners and ensure that no harm
befalls either of them, particularly, from the Respondent No.2 & 3 or other
family members of the Petitioner No.2;
b. Issue an appropriate writ, order
or direction, more particularly a writ of mandamus, directing the Respondent
No.1 not to take any coercive action on the Complaint or FIR (if already
registered) filed by the Respondent No.2 & 3 against the Petitioners and
family members of the Petitioner No.1;
c. Issue an appropriate writ, order
or direction, more particularly a writ of mandamus, thereby directing the Respondents
not to interfere in the peaceful marital life of the Petitioners and not to
cause any harm or bodily injury to the said Petitioners;”.”
To put
things in perspective, the Bench envisages in para 2 while elaborating on the
facts of the case disclosing that, “Petitioners No. 1 and 2, both having
attained majority, solemnized their marriage on 23rd July, 2025, of their own
free will and volition, in accordance with Hindu rites and customs at the Arya
Samaj Sanatan Vaidik Sanskar Trust, Tis Hazari Court, Delhi. In support of
their union, they have placed on record a copy of the marriage certificate, as
well as documents evidencing that both individuals have attained the age of
majority.”
As it
turned out, the Bench then enunciates in para 3 while dwelling on the
petitioners case that, “It is the Petitioners’ case that Respondent No. 2, the
legal guardian of Petitioner No. 2, and Respondent No. 3, her mother, expressed
strong objection to their relationship and have allegedly issued repeated
threats of physical harm, particularly targeting Petitioner No. 2. Confronted
with persistent hostility and fearing for her safety, Petitioner No.2 left her
parental home on 18th July, 2025, after duly informing Respondent No. 3 of her
intention to marry Petitioner No. 1.”
Further,
the Bench unravels in para 4 pointing out that, “The Petitioners further
contend that despite their marriage, Respondents No. 2 and 3 have continued to
issue threats and attempts at intimidation. They claim to have received
threatening messages, phone and video calls, some allegedly made by or at the
behest of police officials from P.S. Neb Sarai. It is apprehended that false
complaints may have been lodged by Respondents No. 2 and 3 to harass them and
disrupt their peaceful cohabitation.”
Furthermore,
the Bench then specifies in para 5 revealing that, “The Court has heard the
matter at length. Respondent No. 1 has filed a status report, a copy whereof
has been handed over across the Board and taken on record.”
It is
worth noting that the Bench notes in para 6 that, “As per the status report, a
complaint was filed by Respondent No. 3 regarding the alleged disappearance of
Petitioner No. 2, which resulted in the registration of DD Entry No. 55A dated
19th July, 2025, at P.S. Neb Sarai. During the preliminary inquiry, Petitioner
No. 1 submitted a copy of the marriage certificate, and Petitioner No. 2 was
contacted telephonically by the Investigating Officer. She categorically
confirmed that she had voluntarily married Petitioner No. 1 and had left her
parental home of her own accord. Upon confirmation of these facts, the missing
person inquiry was duly closed, and the same was communicated to Respondents
No. 2 and 3.”
Most
significantly, most remarkably, most fundamentally and so also indubitably most
forthrightly, the Bench then encapsulates in para 7 what constitutes the
cornerstone and heartbeat of this notable judgment postulating precisely that,
“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. Thus, in view of the
status report closing the “missing” entry and noting the Petitioners’ voluntary
marriage, no further directions are necessary regarding this issue.”
Going
forward, it would be instructive to note that the Bench then hastens to add in
para 8 noting that, “As regards the Petitioners’ apprehension of threats,
Respondent No. 1 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.”
It
cannot be lost sight of that for the sake of clarity, the Bench then clarifies
in para 9 stating tersely that, “It is clarified that this Court has not
expressed any opinion on the merits of the allegations raised by the
Petitioners against Respondents No.2 and 3. Since notice has not been issued
them and they have not been heard at this stage, all rights and contentions of
the parties are left expressly open to be agitated before the appropriate forum
in accordance with law. The directions issued herein, particularly those
concerning police protection, are purely preventive in nature, aimed at
ensuring the Petitioners’ safety and safeguarding their right to life and
liberty. They shall not be construed as an expression of opinion on the
truthfulness of the Petitioners’ claims, nor as any endorsement thereof.”
Finally, the Bench then concludes in para 10 by directing and holding aptly
that, “With the above directions, the present petition is disposed of along
with pending application.”