The Delhi High Court has reaffirmed that an individual’s decision to marry a partner of their choice, even from a different faith, is protected under the fundamental right to life and personal liberty. The observation came while hearing a plea filed by a 26-year-old Muslim man and a 25-year-old Hindu woman, who alleged harassment and forced separation by authorities.
The couple, in a relationship for over seven years, said they had solemnised their marriage but faced strong opposition from the woman’s family. Despite writing to the Deputy Commissioner of Police on July 23 seeking protection, the woman was allegedly separated from her husband by police the following day and detained at a state-run shelter home.
Hearing the matter on August 8, Justice Sanjeev Narula directed the police to submit a report on whether any unlawful separation occurred and, if so, to identify the responsible officer. The bench further ordered the Delhi Police to provide continued protection and safe accommodation for the couple until they solemnise their marriage under the Special Marriage Act.
The woman’s father, through his lawyer, argued that he was concerned for her welfare, claiming she had married without his consent. However, the court emphasised that parental anguish cannot override the rights of an adult to choose their life partner.
Quoting Article 21, the bench stated that every adult has the autonomy to shape their life free from coercion, social pressure, or unlawful restraint, and this liberty extends to interfaith marriages. The matter will be heard again on September 12.