Delhi High Court upholds right to marry by choice: "No family or social approval needed"

New Delhi (The Uttam Hindu) : In a significant decision, the Delhi High Court has clarified that if a boy and a girl wish to marry by their own free will and mutual consent, neither family nor society's approval is necessary. The court stated that choosing a life partner is a part of a person's personal freedom, and any interference in this is unconstitutional.

A single bench of Justice Saurabh Banerjee stated that marriage is a matter of personal choice and freedom, and is a right protected under Article 21 of the Indian Constitution. The Court reiterated that when two adults marry of their own free will, their decision must be respected, and the state, society, or family have no right to interfere.

Marriage is an integral part of personal liberty

The court said in its order that the right to marry is not limited to social or moral concepts, but is also recognized in the Universal Declaration of Human Rights. This right is an important aspect of the right to life and personal liberty under Article 21 of the Constitution. Justice Banerjee said that adult individuals have the full right to make their own decisions regarding their lives, especially in personal matters like marriage. Any kind of pressure, threat or interference in such matters is unacceptable.

The court made this observation while hearing a petition filed by a married couple, who alleged that they had married in July 2025 at an Arya Samaj temple according to Hindu rites and rituals, and that the marriage was subsequently duly registered. The couple alleged that the woman's father opposed the marriage and that they were receiving constant threats, putting their lives at risk.

During the hearing , the petitioners' counsel withdrew their request for relief related to an FIR lodged against the woman. The court then prioritized the couple's safety and directed the police to ensure necessary security. The Delhi High Court clarified that no person, especially the woman's father, can be allowed to threaten the couple's private life and liberty. The court stated that the state has an obligation to protect the constitutional rights of adult citizens.

The court directed that the couple may contact the relevant police station in-charge or beat officer directly if necessary. It also stipulated that if the couple changes their residence, they should inform the local police so that the security provided to them is not disrupted.