Freedom of choice in marriage essence of personal liberty: Delhi High Court

Observing that freedom of choice in marriage is an intrinsic part of the Constitution and questions of faith have no bearing on the freedom to choose a life partner the Delhi High Court has said the police is expected to act expeditiously and with sensitivity for protection of couples apprehending hostility from others including family membersThe courts observation came while dealing with bail pleas arising from a case involving an alleged attempt to murder and physical assault on the complainant man by the family of the woman who married him against the wishes of her familyThe family members of the wife of the complainant abducted them and brutally beat him up amputated his private part with an axe and also inflicted stab injuries according to the complaintThe court said it was unfortunate that necessary steps for ensuring the safety and security of the couple were not initiated by the police station concerned on their complaint when they were expected to act with promptitude and any such lapse cannot be accepted and thus called for action against those responsibleThe court also asked the Delhi Police Commissioner for taking necessary measures for sensitising police officials in dealing with such complaintsAlso Read Defaming husband without substantiation amount to cruelty Bombay HCThe freedom of choice in marriage in accordance with law is an intrinsic part of Article 21 of the Constitution of India Even the questions of faith have no bearing on an individuals freedom to choose a life partner and are the essence of personal liberty said Justice Anoop Kumar Mendiratta in a recent orderWherever the life and liberty of any individual is concerned especially in cases of couples legally marrying out of their own freewill and volition the police is expected to act expeditiously and with sensitivity in accordance with law and take necessary measures for protection and safety of applicants concerned if they apprehend hostility and concerns for their safety from different quarters including their own family members the court saidThe conduct of the police officials concerned in this regard in this case is depreciable and needs to be looked into and necessary action taken Any such lapse cannot be accepted on behalf of the police A copy of this order be accordingly forwarded to Commissioner of Police Delhi Police for taking necessary measures for sensitising police officials in dealing with such complaints under intimation to this Court within a period of four weeks ordered the courtConsidering the grave nature of the offence and the ghastly manner in which the assault was madeiquest the court refused to grant bail to the mother and the grandmother of the wife who allegedly participated in the assaultThe court however granted bail to the sister of the wife on a personal bond of Rs 25000 and one surety of the like amount noting that iquestno active role appears to have been attributed to herThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever