1 week ago
Uttarakhand High Court Upholds Adults’ Right to Choose Partners
The Uttarakhand High Court heard a case involving two adults who wanted to live together and marry.
The woman told the court that she was staying with her partner by her own choice.
She said no one was forcing or threatening her to do so.
The couple said they had been together for about seven years.
Some of the woman’s relatives opposed the relationship and marriage plans.
The couple said this made them fear for their safety.
The court said an adult has the constitutional right to choose a life partner.
It asked police to check whether there was a real and immediate threat.
If there was, police were told to protect the couple according to law.
The Uttarakhand High Court affirmed that a major woman can choose her life partner under Article 21.
The couple said they had been in a consensual relationship for about seven years and planned to marry.
The woman told the court she was living with her partner voluntarily and without coercion.
Relatives opposed the relationship and proposed marriage, prompting the couple to seek protection from alleged threats.
The court ordered police to assess the threat and provide protection if a real and imminent danger existed.
- Who
- An adult woman and her partner, supported by their lawyer, sought protection from alleged threats by her relatives.
- What
- The Uttarakhand High Court recognized the woman’s right to choose her partner and directed police to assess the couple’s threat perception.
- Where
- The case was heard by the Uttarakhand High Court; the couple had applied to the Sub-Divisional Magistrate in Dehradun to solemnize or register their marriage.
- When
- The order was issued on August 24; the article also refers to a separate Punjab and Haryana High Court ruling dated June 25.
- Why
- The couple said relatives opposed their relationship and proposed marriage and had created concerns about their life and personal liberty.
Couple’s autonomy and safety
Family objections and judicial limits
Choice of partner
Couple’s autonomy and safety
The couple argued that both partners were adults, their relationship was consensual, and the woman was living with the man voluntarily. The court held that her choice was protected under Article 21.
Family objections and judicial limits
The woman’s father, brother and other close relatives opposed the relationship and proposed marriage. The article does not state a separate legal justification presented by the relatives.
Need for protection
Couple’s autonomy and safety
The couple alleged that relatives had threatened them and created concerns about their life and personal liberty, so they sought police protection.
Family objections and judicial limits
The court did not automatically order protection based only on the allegation. It directed police to determine whether a real and imminent threat existed before taking protective measures.
Scope of the ruling
Couple’s autonomy and safety
The court directed that no one should unlawfully interfere with, intimidate, harass or coerce the couple because of their relationship.
Family objections and judicial limits
The court clarified that it was not deciding the parties’ inter se rights or whether the proposed marriage was legally valid.
Key facts
- Constitutional provision
- Article 21, which the court relied on in protecting life, liberty and the choice of a life partner.
- Relationship duration
- The couple said they had been in a consensual relationship for about seven years.
- Marriage application
- They applied before the Sub-Divisional Magistrate, Dehradun, under the Special Marriage Act.
- Woman’s statement
- She said she was living with her partner voluntarily and without force, coercion, threat or undue influence.
- Police direction
- Police must assess the representation and provide appropriate protection if a real and imminent threat is found.
- Court’s limitation
- The court said it was not deciding the parties’ inter se rights or the validity of the proposed marriage.
- Related ruling
- The Punjab and Haryana High Court separately held that people, especially adults, have the right to live with a person of their choice.
Quotes
Uttarakhand High Court
The High Court in its August 24 order
“The woman, being a major, is entitled to choose her life partner, and such choice is protected under Article 21 of the Constitution of India. Her statement before this Court that she is residing with the man voluntarily, without coercion or undue influence, further supports the same.”
indianexpress.com
“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.”
indianexpress.com
Sources
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