Article 21 Of The Constitution Of India Provides Inherent Right To Every Individual In Exercising Personal Choices, Especially In Matters Relating To Marriage: High Court of Delhi
Title: MD NEMAT ALI AND ANOTHER v. THE STATE AND OTHERS
Decided on: 17th October 2023
W.P.(CRL) 3045/2023
Coram: HON’BLE MR. JUSTICE SAURABH BANERJE
Introduction
Delhi high court has directed to give protection to a major couple who are under threat for getting married against the will of their families on the basis of Article 21 of the Constitution of India, which gives Protection to Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matters relating to marriage.
Facts of the case
The petitioners are majors who got married to each other on 06.10.2023 according to Muslim rites and ceremonies. The Nikah Nama was duly registered by a Quazi in accordance with Muslim law. Respondent no.4 and 5 threatened the petitioners & petitioner no.1’s family members of dire consequences as the marriage was solemnized against the wishes of respondent no.4 and 5. A petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners seeking issuance of a writ in the nature of mandamus directing respondent nos.2 and 3 to provide protection to the petitioners against life and liberty threats given by respondent no.4 and 5 (father and uncle of the petitioner no.2).
Court Analysis and Decision
The court finds that the petitioners in the present case are both major and are well within their rights to marry each other. Respondents no. 4 and 5, though family members of petitioner no.2, cannot be allowed to threaten the life and liberty of the petitioners, who do not require any social approval for their personal decisions and choices. Article 21 of The Constitution of India gives Protection of Life and Personal Liberty to all persons whereby it is the inherent right of every individual to exercise personal choices, especially in matters relating to marriage. Thus, the petitioners are well and truly entitled for protection under Article 21 of The Constitution of India. Accordingly, the petition was allowed, and the petitioners are free to call or get in touch with the officers of Jahangir Puri Police Station, Delhi, as and when the need arises. The station house officer and Beat Constable concerned were directed to take all possible steps to provide adequate assistance and protection to the petitioners, in accordance with law.
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Written by- K R Bhuvanashri