Illustration: Yatharth Nigam
Illustration: Yatharth Nigam

Marriage choice is key to personal liberty: HC

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One-liner:  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 HC has said.

Police failed to act: The police are expected to act expeditiously for the protection of couples apprehending hostility from others, including family members, it said.

Attempt to murder: The court's observation came while dealing with bail pleas arising from a case involving an attempt to murder and physical assault on the complainant man by the family of the woman, who married him against the wishes of her family.

Brutal attack: The 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 complaint.

Unfortunate: The 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.

  • It also said such lapse can't be accepted and thus called for action against those responsible

Sensitising police: The court also asked the Delhi Police Commissioner for taking necessary measures for sensitising police officials in dealing with such complaints.

Intrinsic part of statute: The freedom of choice in marriage in accordance with the law is an intrinsic part of Art 21 of the Constitution. Even the questions of faith have no bearing on an individual's freedom to choose a life partner, said a judge.

Refused to grant bail: Considering the grave nature of the offence and the ghastly manner in which the assault was made, the court refused to grant bail to the mother and the grandmother of the wife who allegedly participated in the assault.

No active role: The court, however, granted bail to the sister of the wife on a personal bond of ₹ 25K and one surety of the like amount, noting that no active role appears to have been attributed to her.

Source: PTI

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