'No third person can interfere in lives of two consenting adults living together as husband & wife,' says Delhi HC

The court's observations were made on a petition by a couple claiming that after getting married against the wishes of their families, they were living in various hotels due to fear, and unless they were protected, they would not be able to find peace.

No third person, including family members, can interfere in the lives of two consenting adults living together as husband and wife, and the State is under a Constitutional obligation to protect married couples irrespective of their caste or community, the Delhi High Court has said.

Delhi high court. (Archive)

Justice Tushar Rao Gedela stated that it is the duty of the State and its machinery to ensure that no harm comes to the citizens of the country and the Constitutional courts are also empowered to pass orders to protect the citizens fearing any harm.

The court's observations were made on a petition by a couple claiming that after getting married against the wishes of their families, they were living in various hotels due to fear, and unless they were protected, they would not be able to find peace.

The petitioner woman said that her father was a politically well-connected person in Uttar Pradesh and was capable of influencing the State machinery to their detriment.

She said that she left her home as her parents and other family members were torturing and harassing her over her relationship.

“I am of the considered view that the State is under a Constitutional obligation to protect its citizens especially in cases where the marriage is solemnized between two consenting adults irrespective of the caste or community,” the court said.

“The Constitutional Courts under our framework are empowered to pass orders to protect the citizens especially in the cases of the nature to which the present dispute pertains. Once two adults consent to live together as husband and wife there can be perceivably no interference in their lives from third parties, including their family. Our Constitution ensures it too,” said the court in its recent order.

“It is not only the duty of the State but also its machinery and the agencies which ensure law and order to ensure that no harm comes to the citizens of this country,” it added.

The court also said that the beat police officers shall visit the residence of the petitioner couple once in two days for the next three weeks to ensure their safety.