Consenting Adults Taking 'Cerebral Vow Of Marriage' Entitled To Live With Liberty, Deserve Protection: Delhi High Court

The Delhi High Court has observed that consenting adults who take “cerebral vow of marriage” are entitled to live with liberty and dignity and deserve protection from threats by their family.

While granting police protection to a couple who solemnized marriage as per Hindu rites and customs, Justice Saurabh Banerjee said:

“The petitioners are grown up consenting individual who are adults and are open to make their own choices out of their respective free will, be it that of choosing their respective life partners.”

“One having done so, and taken the cerebral vow of marriage they are well and truly entitled to lead their respective lives with liberty and dignity as guaranteed under Part III of the Constitution of India,” the Court said.

It added that the couple is also entitled to care and protection from anyone, be it those from the Society or public, including their parents, relatives and friends.

The Court was dealing with a plea filed by the couple seeking protection against the threat to their life and limb at the hands of father of the woman.

It was submitted that they were both consenting adults, who, out of their own free will and volition, solemnised marriage inter se themselves.

They told Court that the woman's father had been constantly intimidating them and threatening them with grave physical harm thereby interfering with their right to life and personal liberty.

Allowing the plea, the Court granted police protection to the couple. It directed the SHO and the concerned Beat Constable to take all possible steps to provide adequate assistance and protection, as and when needed to the couple, in accordance with law.

“It is clarified that if the petitioners choose to reside within the jurisdiction of any other Police Station, they shall apprise about the same and give the complete details including the address to the SHO of the concerned Police Station within a period of three days from shifting and the concerned SHO shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioners, in accordance with law,” the Court said.

Title: KIRTI AND ANR v. STATE OF NCT OF DELHI AND ORS

Click here to read order