76-year-old man’s second marriage sparks family threats: Uttarakhand High Court orders police action

“In such view of the matter, the instant writ petition is disposed of finally with the direction to the SSP Haridwar to assess the threat perception of the petitioners from respondent no. 4 to 6 (relatives of the couple) and if he comes to the conclusion that there is a threat perception, take appropriate steps to save their life and liberty,” read the order on April 15.

The Uttarakhand High Court further directed that the concerned station house officer (SHO) should call the woman’s former husband’s brother and the man’s son and advise them not to take the law into their hands.

Marriage and threat allegations

• The man claimed before the Uttarakhand High Court that it was with his first wife’s consent that he got married to a 43-year-old woman, who had been divorced by her former husband.
• The court noted that no specific record concerning the date of the divorce was mentioned by the man, nor was anything placed on record indicating the consent of his first wife.
• It was contended that the petitioners, who are Muslim, got married in March 2023 and have been living together since.
• It was further submitted that their marriage is also registered, a copy of which is placed on record, revealing that it was registered in the same month that they got married.
• The couple mentioned that a girl was since born to them, and is now about 13 months old.
• Considering the threat perception from the brothers of the woman’s former husband, the petitioners sought adequate protection.
• It was also contended that a representation was also made to the relevant authority for their safety in April 2026, but no action was taken.

Protection irrespective of marital status

In another unrelated case, the Delhi High Court ruled that the right to life and protection cannot be denied to consenting adults merely because they are married to other partners. The court thus granted police protection to a couple in a live-in relationship facing threats from family members.

Justice Saurabh Banerjee was hearing a plea filed by a couple in a live-in relationship seeking police protection from threats allegedly issued by the woman’s husband and family members. The court held that consenting adults are entitled to protection of their life and liberty regardless of their marital status.

“The status of the citizens, whether they are (un)married or are in a Live-In relationship, is not a germane factor for consideration when this court is dealing with the present proceedings. Their right to freedom and/ or right to life and personal liberty deserves protection from this Court since, at the end of the day, both the petitioners, being consenting adults, have approached this Court for adequate protection,” the Delhi High Court said on April 6.

The court emphasised that constitutional guarantees under Articles 19 (protection of certain rights regarding freedom of speech) and 21 (protection of life and personal liberty) extend equally to all citizens, irrespective of their marital status.
According to the submissions placed before the court, the woman was subjected to humiliation and torture by her husband since 2016. Eventually, she left the matrimonial home and began residing with the co-petitioner in a live-in relationship from February, of her own free will.

However, the couple claimed that their relationship triggered hostility from the woman’s family and husband, who allegedly attempted to track them down and intimidate them.