Granting
police protection to a couple facing threats from their family post marriage,
the Delhi High Court has said the right to marry a person of one's own choice
is indelible and constitutionally protected and not even family members can
object to such matrimonial ties.
In
a recent order, Justice Tushar Rao Gedela emphasised that the State is under a
constitutional obligation to provide protection to its citizens and the high
court, being a constitutional court, is expected to further the constitutional rights
of the couple.
"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," the court said.
"There
is no doubt about the factum of marriage between the petitioners and the fact
that they are major. No one, not even the family members can object to such
relation or to the matrimonial ties between the petitioners," the court
asserted while dealing with the couple's petition for police protection.
The
petitioners submitted that they they got married in April against the wishes of
their parents and were living together happily since then amid threats from the
family members, particularly the mother of the woman.
The
court directed 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 woman and asked the beat officer concerned
to periodically check on them.
"In
case the petitioners have shifted to a place other than the one shown in the
memo of parties, the I.O. shall intimate the said SHO of the concerned police
station having territorial jurisdiction over the residential address of the
petitioners, who shall comply with the present order in letter and
spirit," the court ordered.
"The
petitioners shall disclose their present residential address as well as working
address to the I.O., who shall not disclose the same to any unauthorised
person," it said.