Consenting Adults Don't Need Societal Approval For Choosing Life Partners; Even Parents Can't Interfere: Delhi High Court
The Delhi High Court has held that consenting adults do not need societal approval for choosing their respective life partners and that society or their parents cannot interfere in such matters.
Justice Saurabh Banerjee said that sanctity has to be given to such decision of entering into marriage especially when the individuals are consenting adults, who incontrovertibly have the constitutional right to choose their respective life partners.
The judge reiterated that the the right to marry is an incident of human liberty and is a matter of one's choice, which is not only underscored in the Universal Declaration of Human Rights, but is also an integral facet of Article 21 of the Constitution of India.
The Court said that Article 21 guarantees the right to life and gives protection of life and personal liberty to all persons, including consenting adults who have the inherent right to exercise personal choices, especially in matters relating to marriage.
Justice Banerjee made the observations while allowing a writ petition filed by a married couple, both consenting adults, seeking police protection citing threat from the woman's father who was opposed to their union.
The couple submitted that they had solemnised their marriage in accordance with Hindu rites at an Arya Samaj temple in July 2025 and subsequently registered it before the competent authority.
It was contended that due to opposition from the woman's father, threats were being extended to the couple, compelling them to seek protection from the Court.
During the hearing, counsel for the petitioners also gave up the challenge to coercive action in connection with an FIR lodged against the woman.
Granting police protection to the couple, the Court said:
“Since the petitioners herein are both major and are well within their rights to marry each other, and who being consenting adults, have willingly chosen to hold their hands and walk through their entire journey of life by entering into the sacred thread of marriage, no one, much less the Society, the State machinery or even their parents/ relatives/ friends can cause interference to the decision of the petitioners in any manner whatsoever from now on.”
“No person much less like the respondent no.7 i.e. father of the petitioner no.1 herein can be allowed to threaten the life and liberty of the petitioners as they do not require any social approval for their personal decisions and choices,” it added.
Accordingly, the Court directed that the couple be extended necessary police protection and permitted them to directly contact the Station House Officer or beat officers of the concerned police station whenever the need arises.
It further clarified that in case the couple shifts residence, they must inform the local police authorities to ensure continued protection.
Title: LAXMI DEVI & ANR v. STATE (NCT OF DELHI) & ORS