Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court

The Delhi High Court has observed that the choice to marry across lines of faith is the autonomy of the individual and is immune from external veto. “The choice to marry, especially across lines of faith, may test the resilience of social norms and familial expectations, yet in law, it remains a matter of personal liberty and individual autonomy, immune from any external veto,” Justice Sanjeev Narula said. The Court observed that while the anguish of a parent is understandable, it cannot eclipse the rights of a major to select their life partner.“The State's role, therefore, is not confined to the passive avoidance of harm, but extends to the creation of conditions in which such rights can be safely and meaningfully exercised,” it said. The judge further emphasised that the constitutional guarantee under Article 21 enables every adult citizen may shape the course of their own life, free from fear, coercion, or unlawful restraint. That right cannot be rendered illusory by fear, coercion, or social disapproval, it said. “It follows that the State's protective machinery must be activated promptly and effectively, ensuring that the choice of an adult citizen, made freely and within the bounds of law, is preserved in substance and not merely in form,” the Court said. Justice Narula made the observations while granting police protection to an inter faith couple. The girl's father objected to the relationship on personal and religious grounds. It was the couple's case that they were getting explicit threats and were prevented from getting married.The Court said that it was mindful of the anguish of the girl's father who opposed the relationship on grounds that he perceived as legitimate and rooted in his concern for his daughter's welfare. However, it added that upon attaining the age of majority, the right to make decisions regarding marriage becomes the individual's personal prerogative. “Parental preference, however well- intentioned, cannot legally override that autonomy. The dilemma before the Court, therefore, is not to rule on the moral or social acceptability of the relationship, but to ensure that the couple's constitutional right to choose their life partner is meaningfully protected,” the Court said.Disposing of the plea, the Court directed the Delhi Police to ensure continued protection to the couple till they solemnize their marriage under the Special Marriage Act, 1954.It added that the couple shall continue to be accommodated in a safe house for as long as deemed necessary to safeguard their life and liberty.Title: MOHAMMAD SHAHNOOR MANSOORI v. STATE OF DELHI THROUGH COMMISSIONER OF POLICE & ANRCitation: 2025 LiveLaw (Del) 969Click here to read order

Choice To Marry Across Lines Of Faith Is Individual's Autonomy, Immune From External Veto: Delhi High Court

Nupur Thapliyal

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