The court directed Police to examine the representation of the petitioners and assess the threat perception, if any, to their life and liberty. (AI- generated image)The Uttarakhand High Court held that a major woman is entitled to choose her life partner and that such a choice is protected under Article 21 of the Constitution, after she told the court that she was voluntarily living with her partner and intended to marry him. Justice Alok Mahra directed police to assess the couple’s threat perception and provide protection if a real and imminent threat existed.“The woman, being a major, is entitled to choose her life partner, and such choice is protected under Article 21 of the Constitution of India. Her statement before this Court that she is residing with the man voluntarily, without coercion or undue influence, further supports the same,” the August 24 order said.The order added that “ In the event any real and imminent threat is found to exist, the concerned police authorities shall take appropriate measures to ensure adequate protection to the petitioners strictly in accordance with law.” Justice Alok Mahra said that a major woman can choose her partner on her own.Seven years together, family says noThe couple are both majors and have been in a consensual relationship for about seven years. They decided to marry and had applied before the Sub-Divisional Magistrate, Dehradun, for solemisation/registartion of their marriage under the Special Marriage Act.The couple is currently living voluntarily. She told the court that she was staying with him of her own free will and without force, coercion, threat or undue influence. The woman’s father, brother and other close relatives opposed their relationship and proposed marriage. The couple alleged that these relatives threatened them, creating apprehensions about their life and personal liberty. Therefore, the couple approached the Uttarakhand High Court seeking protection.Advocate Vishesh Srivastava argued that they are both adults and have consensually chosen to be in a relationship and marry. It was submitted that she was living with the man voluntarily and that threats from her family members had created a danger to their life and liberty. They sought police protection.Story continues below this adThe state was represented by the Deputy A G Deepak Bisht, along with Brief Holder Jai Prakash Kandpal and sought directions to examine the couple’s representation.Police told to assess threatThe court observed that the two petitioners were entitled to protection of their life and liberty under Article 21, relying on the Supreme Court’s precedent. The court directed the police to examine their representation and assess whether there was any threat to their lives or liberty. If a real and imminent threat was found, the police were directed to provide appropriate protection.The court also directed that no person should unlawfully interfere with, intimidate, harass or coerce the petitioner because of their relationship. It clarified that it was not deciding inter se rights of the parties or the validity of the proposed marriageAdults below marriage age have right to live with partner of choiceIn a ruling, the Punjab and Haryana High Court directed Haryana Police to protect a live-in couple’s life and liberty, holding that even if one partner is a major but below the legal marriageable age, every person, more so a major, has the right to live his/her life with a person of his/her choice.Story continues below this adJustice Vikas Bahl was dealing with a plea of a live-in relationship couple, major but below the marriageable age, seeking protection of life and liberty.“It goes without saying that the protection of life and liberty is a basic feature of the Constitution of India. Every person, more so a major, has the right to live his/her life with a person of his/her choice,” the court said on June 25.Somya Panwar is a legal journalist at The Indian Express (Digital), where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More Tags:Article 21Uttarakhand High Court