Facts
The petitioners, both majors, stated that they had been in a consensual relationship for approximately five years and had been residing together in a live-in relationship for about two months.
Source reference: paras. 3, 5The parents of petitioner no. 1 opposed the relationship and proposed marriage and allegedly extended threats, giving rise to an apprehension of interference with the petitioners’ life, personal liberty, and peaceful existence.
Source reference: para. 4Both petitioners appeared before the Court and were identified by counsel. Petitioner no. 1 stated that she was a major, was residing with petitioner no. 2 voluntarily, and had acted without force, coercion, threat, undue influence, or inducement.
Source reference: para. 5They therefore sought protection from the competent authorities.
Source reference: paras. 1, 4–5Issues
Whether major individuals who voluntarily choose to reside together and intend to marry are entitled to protection of their life and personal liberty under Article 21 of the Constitution
Source reference: paras. 5–7Whether the police authorities should assess the alleged threat perception and take appropriate protective measures against unlawful interference, intimidation, harassment, or coercion
Source reference: para. 8Law Applied
The Court applied Article 21 of the Constitution of India, recognizing that a major person has the protected autonomy to make personal-life choices, including the choice of a life partner.
Source reference: para. 6It relied on Lata Singh v. State of U.P., (2006) 5 SCC 475, for the principle that individuals choosing their life partners are entitled to protection of their life and personal liberty and that private persons cannot take the law into their own hands.
Source reference: para. 7The Court also recognized that the relief sought was limited to protection and did not require adjudication of the inter se rights of the parties or the validity of the proposed marriage.
Source reference: para. 8Reasoning
Both petitioners were undisputedly majors and competent to make decisions concerning their personal lives.
Source reference: para. 6Petitioner no. 1’s unequivocal statement that she was voluntarily residing with petitioner no. 2, without coercion or undue influence, established that the relationship and proposed marriage involved the exercise of constitutionally protected personal autonomy.
Source reference: paras. 5–6Applying Article 21 and the principle in Lata Singh, the Court held that opposition by the parents could not justify unlawful interference with the petitioners’ life, liberty, or peaceful existence.
Source reference: paras. 7–8However, since the Court did not determine the validity of the proposed marriage or the parties’ inter se rights, it directed the local police to independently examine the representation and assess whether a real and imminent threat existed.
Source reference: paras. 7–8Holding
The petition was disposed of with a direction to the Station House Officer, Police Station Bazpur, District Udham Singh Nagar, to examine the petitioners’ representation and assess the threat perception to their life and liberty.
If a real and imminent threat was found, the police authorities were directed to provide appropriate protection in accordance with law.
Source reference: para. 8The police were further directed to ensure that the private respondents or any other person did not unlawfully interfere with, intimidate, harass, coerce, or otherwise take the law into their own hands against the petitioners.
Source reference: para. 8The Court expressly left open the inter se rights of the parties and the validity of the proposed marriage. The writ petition and pending applications, if any, were accordingly disposed of.
Source reference: paras. 8–10Original Court PDF
SEJAL DIWAKARvsSTATE OF UTTARAKHAND
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