Adult woman’s constitutional right to have partner of choice: Uttarakhand High Court

The order added that “ In the event any real and imminent threat is found to exist, the concerned police authorities shall take appropriate measures to ensure adequate protection to the petitioners strictly in accordance with law.” 

Justice Alok Mahra said that a major woman can choose her partner on her own.

Seven years together, family says no

The couple are both majors and have been in a consensual relationship for about seven years. They decided to marry and had applied before the Sub-Divisional Magistrate, Dehradun, for solemisation/registartion of their marriage under the Special Marriage Act.

The couple is currently living voluntarily. She told the court that she was staying with him of her own free will and without force, coercion, threat or undue influence. The woman’s father, brother and other close relatives opposed their relationship and proposed marriage. The couple alleged that these relatives threatened them, creating apprehensions about their life and personal liberty. Therefore, the couple approached the Uttarakhand High Court seeking protection.

Advocate Vishesh Srivastava argued that they are both adults and have consensually chosen to be in a relationship and marry. It was submitted that she was living with the man voluntarily and that threats from her family members had created a danger to their life and liberty. They sought police protection.

The state was represented by the Deputy A G Deepak Bisht, along with Brief Holder Jai Prakash Kandpal and sought directions to examine the couple’s representation.

Police told to assess threat

The court observed that the two petitioners were entitled to protection of their life and liberty under Article 21, relying on the Supreme Court’s precedent. The court directed the police to examine their representation and assess whether there was any threat to their lives or liberty. If a real and imminent threat was found, the police were directed to provide appropriate protection.

The court also directed that no person should unlawfully interfere with, intimidate, harass or coerce the petitioner because of their relationship. It clarified that it was not deciding inter se rights of the parties or the validity of the proposed marriage

Adults below marriage age have right to live with partner of choice

In a ruling, the Punjab and Haryana High Court directed Haryana Police to protect a live-in couple’s life and liberty, holding that even if one partner is a major but below the legal marriageable age, every person, more so a major, has the right to live his/her life with a person of his/her choice.

Justice Vikas Bahl was dealing with a plea of a live-in relationship couple, major but below the marriageable age, seeking protection of life and liberty.

“It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India. Every person, more so a major, has the right to live his/her life with a person of his/her choice,” the court said on June 25.