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Supreme Court on Court Marriage: Every Adult Has the Right to Marry by Choice
Today we are discussing a very important judgment of the Supreme Court of India, especially for young couples who want to do a court marriage by their own choice but are facing opposition from family or society.
The Supreme Court has clearly held that if two adults want to marry out of their free will, no family member, relative, community, or khap panchayat has any right to stop, threaten, or harass them.
Welcome to Delhi Law Firm®
Welcome to Delhi Law Firm®, where we explain court marriage and related legal rights in simple and practical language, so that every person can understand their rights and know how to protect themselves legally.
🔹 Shakti Vahini v. Union of India – Landmark Judgment on Right to Choose a Life Partner
In the landmark case Shakti Vahini v. Union of India, the Supreme Court made it clear that every adult has the fundamental right to choose his or her life partner.
The Court held that:
- Court marriage does not require permission from anyone.
- No approval is needed from family, society, community, or khap panchayat.
- Consent of two adults is enough to enter into a valid marriage.
🔹 Marriage Decision Is Linked to Dignity and Personal Liberty
The Supreme Court also observed that the decision to marry is closely connected to a person’s dignity, autonomy, and personal liberty. It is part of their fundamental right to life under the Constitution.
If anyone:
- Creates pressure,
- Threatens the couple,
- Tries to stop the marriage, or
- Indulges in violence or harassment,
then such conduct amounts to a violation of the couple’s constitutional rights.
The duty of the authorities is to protect the couple, not to force them into compromise or send them back to a hostile environment.
🔹 Police and Administration Must Protect Court Marriage Couples
The Supreme Court clearly held that it is the responsibility of the police and district administration to ensure the safety of couples who marry by choice, especially in cases of inter-caste, inter-faith, or opposed marriages.
As per the guidelines:
- Police must act immediately if a couple reports any threat.
- Protection should be provided where there is a genuine fear to life or liberty.
- Local authorities should prevent unlawful gatherings or decisions against such couples.
🔹 Khap Panchayats and Community Groups Cannot Take Law in Their Hands
The Supreme Court was very strict on this point. Khap panchayats or any community groups, by whatever name they are called, cannot act as extra-constitutional authorities.
They cannot:
- Pass decisions against the couple,
- Call meetings to shame or insult them,
- Threaten to separate them, or
- Encourage honour-based violence.
All such acts are illegal and punishable under law.
🔹 Court Marriage Is a Fundamental Right of Every Adult
Whether the couple belongs to the same caste or different castes, same religion or different religions — the law protects the independent choice of two adults.
No one can use the excuse of “honour”, “tradition”, or “social pressure” to interfere with their decision. Any such interference can lead to criminal liability.
🔹 How Delhi Law Firm® Helps Court Marriage Couples
Delhi Law Firm® is committed to helping couples who choose court marriage and need legal support or protection.
We assist with:
- Complete guidance on court marriage procedure,
- Drafting and filing applications for police protection,
- Intimation letters to SP, SHO, and other authorities,
- Legal advice in case of threats, FIRs, or harassment by family or community,
- Follow-up with authorities to ensure your safety.
If:
- Your family is opposing your court marriage,
- You are facing threats or intimidation,
- You want to know the safest and legally correct process for court marriage,
you can contact us without any hesitation.
🌐 Website: www.delhilawfirm.news
📞 Helpline: 9990649999, 9999889091