Facts
Petitioner No. 1, aged 24, and Petitioner No. 2, aged 31, were majors who had known each other since childhood and decided to marry voluntarily in 2023.
Source reference: paras. 3–5Their respective families opposed the proposed inter-religious marriage.
Source reference: paras. 3–5Petitioner No. 1 alleged that she was assaulted and threatened after disclosing her decision and thereafter left her parental home voluntarily.
Source reference: paras. 3–5She submitted a declaration dated 3 July 2026 to the Station House Officer, Police Station Sukma, stating that she had left of her own free will and requesting that no false missing or kidnapping case be registered against Petitioner No. 2.
Source reference: paras. 3–5The petitioners submitted representations to the Superintendents of Police, Sukma and Bastar, seeking protection from threats and unlawful interference, but claimed that no effective protection was provided.
Source reference: para. 6They consequently invoked the High Court’s jurisdiction under Article 226 of the Constitution seeking police protection and preventive action.
Source reference: para. 2Issues
Whether two major consenting adults who intend to marry have a constitutional right to protection of their life, personal liberty and autonomy from threats, violence or unlawful interference by family members.
Source reference: paras. 9–12Whether the concerned police authorities should be directed to provide preventive protection and take appropriate legal action upon receiving complaints of threats, intimidation, assault, unlawful confinement or other interference.
Source reference: paras. 6–7, 12–13Law Applied
The Court applied Article 21 of the Constitution, holding that the right of two consenting adults to choose their life partner is an integral aspect of personal liberty and individual autonomy.
Source reference: para. 10It relied on Lata Singh v. State of U.P. & Anr., (2006) 5 SCC 475, which recognises that inter-caste and inter-religious marriages are constitutionally protected and directs the police and administration to prevent threats, harassment and violence against such couples and to initiate criminal proceedings against persons responsible for such conduct.
Source reference: para. 10Familial or social disapproval of a lawful relationship does not justify assault, threats, confinement or interference with the liberty of major individuals.
Source reference: para. 11Reasoning
The Court noted that both petitioners were majors and had expressed their intention to marry voluntarily, while Petitioner No. 1’s written declaration supported her assertion that she had left her parental home without coercion.
Source reference: para. 9Although the State characterised the allegations as general and lacking a specific cognizable offence, the Court held that the apprehension of harm, coupled with the allegations of assault, threats and opposition based on religious difference, warranted preventive constitutional protection.
Source reference: paras. 7–9Applying Lata Singh, the Court concluded that the petitioners’ families could not lawfully threaten, assault, confine or otherwise interfere with the petitioners merely because of their proposed inter-religious marriage.
Source reference: paras. 10–11The police were therefore required to respond promptly to any specific complaint and take preventive or legal action in accordance with law.
Source reference: para. 12Holding
The Court held that the petitioners, being major consenting adults, were entitled to protection of their life, personal liberty and choice of partner.
The Superintendents of Police, Sukma and Bastar, and other concerned police authorities were directed to ensure that no harm was caused to the petitioners and to promptly examine and act upon any complaint concerning threats, intimidation, assault, unlawful confinement or other interference.
Source reference: para. 12The private respondents and persons acting on their behalf were restrained from taking the law into their own hands or disturbing the petitioners’ peaceful life and liberty because of their decision to marry.
Source reference: para. 13The writ petition was accordingly disposed of, with no order as to costs.
Source reference: para. 14Original Court PDF
SAJEEYA FIRDOSvsSTATE OF CHHATTISGARH
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