Rajasthan HC: Protection Of Personal Life & Liberty Of Marriage Against Parent’s Will

The plea filed in the Rajasthan High Court by a couple who married against their parents’ will, order the State to ensure the protection of their private life and liberty.

“Considering petitioner’s constitutional rights, let the respondents of the states to ensure the protection of petitioner’s personal life & liberty” stated the Single Bench of Justice Birendra Kumar.

A petition of criminal miscellaneous was filed by the petitioners under Article 226 of the Constitution for the protection of their personal liberty & life.

Dy. GA Prashant Sharma presented on the behalf of the respondents while Advocate Suresh Kumar was presented on the behalf of the petitioners.

Particularly in this case, the petitioners were crucial and entered the registered marriage together. The certificate of registration was on record where they approached the High Court for the protection of liberty & life as the respondents weren’t recognizing & approving their marriage.

“The law therefore is well settled that the privacy and liberty of individuals can’t be violated by taking he law in one’s hands. If there will be any violation in the law, the aggrieved person might take legal action with no other step at the whim of anyone” noted by the High Court.

The Court further relied upon the famous case of Navtej Singh Johar v. Union of India (2018) 10 SCC 1 where the Apex Court held the right to privacy of an individual to exercise his or her autonomy, away from the glare of societal expectations.

The court further relied on the famous case and therefore asked the State to protect the petitioners. Accordingly, the Court disposed of the petition.