Marrying person of choice is every citizen’s fundamental right: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, June 26

Amid a spurt in honour killing cases in the region, the Punjab and Haryana High Court has affirmed that marrying a person of choice is every citizen’s fundamental right. The assertion came as Justice Kuldeep Tiwari castigated the police for compelling responsible and consenting adults to approach the court by not handling the matter with due care and circumspection.

Consenting adults approaching court

Astonishingly, despite issuance of detailed guidelines in numerous judgments by the Supreme Court and various high courts, responsible and consenting adults had to approach court for issuance of direction to authority concerned to act upon their representation. Justice Kuldeep Tiwari, punjab and haryana hc

The court also expressed astonishment that consenting adults had to file a plea before the court for issuance of directions to authorities concerned to act upon their representation for protection, despite “detailed guidelines in numerous judgments by the Supreme Court and various high courts”.

Justice Tiwari was hearing a protection petition filed against the State of Punjab and other respondents by a couple apprehending danger to their life and liberty as their marriage had given rise to grievances among their kin.

Justice Tiwari observed that the petition’s perusal revealed that the groom tied the knot on April 11, more than 14 years after the demise of his first spouse. The girl was stated to be unmarried at the time of their marriage.

The duo was stated to be working in a private factory in Jalandhar and “earning sufficiently to maintain themselves and to fulfil their nuptial obligations towards each other”. Justice Tiwari also noted that the petitioners forwarded a representation on April 11 to authority concerned before rushing to the court. But no action had been taken on their plea, leaving them apprehensive about their safety.

Justice Tiwari asserted the court was unable to comprehend how two “mature, responsible and consenting adults”, who had decided to spend their lives together after legally solemnising their marriage, were not allowed to live a peaceful life as per their own wishes.

“To marry a person of one’s own choice is the fundamental right of every citizen. No one is bestowed with any right or authority to interfere in the marriage preferences of independent adults. Had authorities concerned, who were seized of the petitioners’ representation, handled the matter with due care and circumspection, they would not have been constrained to approach this court,” Justice Tiwari said.

Before parting with the case, Justice Tiwari made it clear that the court was not evaluating the evidentiary value of the documents submitted. Its focus was on ensuring proper consideration of the petitioners’ representation.

Disposing of the plea, Justice Tiwari ordered the Jalandhar Commissioner of Police to decide on the petitioners’ representation and provide them protection if a threat to their lives and liberty was perceived. He was also instructed to take appropriate measures to ensure the petitioners’ safety.