Facts
The petitioners, both adults, stated that they had been in a consensual relationship for approximately seven years and intended to marry under the Special Marriage Act.
Source reference: paras. 1–4Petitioner No. 2 was residing with Petitioner No. 1 voluntarily and without force, coercion, threat, or undue influence. Her parents, brothers, and other relatives—Respondent Nos. 4 to 15—allegedly opposed the relationship and threatened the petitioners, leading them to seek protection of their life and personal liberty from the High Court.
Source reference: paras. 1–4Both petitioners appeared before the Court and were identified by counsel; Petitioner No. 2 reaffirmed her voluntary decision to reside with Petitioner No. 1 and her intention to marry him.
Source reference: para. 4Issues
Whether two major individuals in a consensual relationship are entitled to seek protection of their life and personal liberty when relatives allegedly threaten them because of their relationship and proposed marriage.
Source reference: paras. 1, 3, 5–6Whether the police should assess the alleged threat perception and provide protection if a real and imminent threat to the petitioners’ life or liberty is found.
Source reference: para. 7Law Applied
The Court applied Article 21 of the Constitution, which protects an adult’s autonomy and right to make personal-life choices, including the choice of a life partner.
Source reference: para. 5It relied on Lata Singh v. State of U.P., (2006) 5 SCC 475, recognising that major individuals have the liberty to choose their partners and are entitled to protection against unlawful interference by family members or others.
Source reference: para. 6The Court also acknowledged the petitioners’ stated intention to solemnize or register their marriage under the Special Marriage Act, without expressing any opinion on the validity of the proposed marriage.
Source reference: para. 4, para. 7Reasoning
The Court found that both petitioners were majors and competent to make decisions concerning their personal lives.
Source reference: para. 5Petitioner No. 2’s statement in open court that she was residing with Petitioner No. 1 voluntarily, without coercion or undue influence, established that the relationship and cohabitation were based on her free choice.
Source reference: para. 4Applying the autonomy principle under Article 21 and the protection recognised in Lata Singh, the Court held that alleged opposition by relatives could not justify unlawful threats, intimidation, harassment, or coercive interference.
Source reference: paras. 5–7However, instead of granting unconditional police protection, the Court directed the Station House Officer to independently examine the petitioners’ representation and assess whether a genuine and imminent threat existed.
Source reference: paras. 5–7Holding
The petition was disposed of with directions to the Station House Officer, Police Station Patel Nagar, District Dehradun, to examine the petitioners’ representation and assess the threat perception.
If a real and imminent threat to their life or liberty was found, the police were directed to take appropriate protective measures in accordance with law.
Source reference: para. 7The police were further directed to ensure that the private respondents or any other person did not take the law into their own hands or unlawfully interfere with, intimidate, harass, or coerce the petitioners on account of their relationship.
Source reference: para. 7The Court expressly refrained from adjudicating the inter se rights of the parties or the validity of the proposed marriage.
Source reference: para. 7Pending applications, if any, were also disposed of.
Source reference: para. 9Original Court PDF
AMANDEEP SINGHvsSTATE OF UTTARAKHAND
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