Court Orders Police Protection for Married Couple Facing Threats from Family
In a significant judgment delivered on April 15, 2026, the Delhi High Court, presided over by Justice Saurabh Banerjee, reinforced the constitutional rights of consenting adults to live with liberty and dignity. The court directed the police to provide protection to a couple who solemnized their marriage of their own free will, amidst threats from a parent.
The case, titled "Kirti and Anr. v. State of NCT of Delhi and Ors.," involved a petition filed under Article 226 of the Indian Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioners, Kirti and her spouse, sought police protection against threats from Kirti's father, who was opposed to their marriage. The couple, fearing for their safety, had temporarily relocated outside Delhi, though they intended to return to the city.
During the proceedings, the petitioners' counsel emphasized that both individuals were consenting adults who had married according to Hindu Vedic rites on March 18, 2026. The counsel argued that the threats posed a severe violation of their right to life and personal liberty, as enshrined in the Constitution of India.
The court, acknowledging the petitioners' rights, cited precedents from the Supreme Court cases of Shafin Jahan v. Asokan K.M. and Lata Singh v. State of U.P., which underscored the importance of personal choice and autonomy in matters of marriage. Justice Banerjee asserted that individuals are entitled to lead their lives with freedom and dignity, protected from societal and familial interference.
The court ordered the police to provide necessary protection, assigning specific officers for immediate contact in case of any threat. Furthermore, the court instructed the petitioners to inform the local police station if they changed their residence, ensuring continued protection.
This judgment is seen as a reaffirmation of individual rights against societal pressures and familial coercion, reinforcing the legal framework that upholds personal liberty in matrimonial decisions.
Bottom Line:
Consenting adults who solemnize marriage of their own free will are entitled to protection of life and liberty under the Constitution of India.
Statutory provision(s): Article 226 of the Constitution of India, Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Kirti v. State of NCT of Delhi, (Delhi) : Law Finder Doc id # 2884091
