Delhi High Court: In a case where two adults married against the wishes of the family and now anticipate danger to their lives, Tushar Rao Gedela, J. remarked State is under a Constitutional obligation to protect its citizens especially in cases where the marriage is solemnized between two consenting adults irrespective of caste or community.
The petitioner 1 left her home as her parents and other family members were torturing and harassing her on account of her relationship with petitioner 2 after which petitioners 1 and 2 solemnized their marriage on 13-06-2022 in accordance with the Special Marriage Act and copy of the certificate was placed on record. The father of petitioner 1 is politically a well-connected person in Uttar Pradesh and is capable of influencing the State machinery to their detriment. Thus, apprehending physical harm from the side of parents/family members, a present petition was filed seeking directions to the police to ensure the safety of life, limb and property to the petitioners.
The Court noted that in the present case, the petitioners 1 and 2 are major and the marriage certificate being placed on record prima-facie lends credence to the merits of the case in their favour.
The Court further observed that the Constitutional Courts under its framework are empowered to pass orders to protect the citizens, especially in the cases of the present nature. Our Constitution ensures two consenting adults to live together as husband and wife and there can be perceivably no interference in their lives from third parties, including their family. It is not only the duty of the State but also its machinery and the agencies which ensure law and order to ensure that no harm comes to the citizens of this country.
Thus, the Court directed to provide the mobile numbers of the SHO/Division Officer/Beat Officer(s) attached with PS Malviya Nagar to the petitioners so that in case of any threat/emergency, the petitioners may contact these officials for help.
The Court also directed the police officials to respond immediately in case of any call received from either petitioner regarding any incident of emergency or threat and to visit the residence once in two days only for the next three weeks to ensure the safety of the petitioners.
[Hina v. State, 2022 SCC OnLine Del 2194, decided on 13-07-2022]
Advocates who appeared in this case :
Ms. Mumtaz Ahmed, Mr. Satish Sharma, Advocates, for the Petitioner;
Ms. Kamna Vohra, ASC (Crl.) with Mr. Mukesh Kr, APP and SI Shajid Hussain, HC Harish Kumar, PS Malviya Nagar, Advocates, for State.
*Arunima Bose, Editorial Assistant has reported this brief.