The Rajasthan High Court at Jaipur Bench in a petition filed by a couple who got married against will of their parents directed the State to ensure protection of their personal life and liberty.

A Single Bench of Justice Birendra Kumar said, “Considering the constitutional right of the petitioners, let the State respondents ensure protection of the personal life and liberty of the petitioners.”

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

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

In this case, the petitioners were major and entered registered marriage with each other. The registration certificate was on the record. They approached the High Court for protection of their life and liberty as the respondents were not approving and recognizing their marriage.

The High Court in the above regard noted, “The law is well settled that privacy and liberty of individuals cannot be infringed by taking the law in one’s hands. If there is allegation of violation of law, the aggrieved person may take legal recourse and no other step can be at the whim of anyone.”

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

The Court, therefore, asked the State to protect the petitioners.

Accordingly, the Court disposed of the petition.

Cause Title- Suman Kumari & Anr. v. State of Rajasthan & Ors.

Click here to read/download the Order


Rajasthan High CourtJustice Birendra KumarMarriageRight to LifeRight to Privacy

Swasti Chaturvedi