Tamanna Bhardwaj & Anr. Vs the State ( N.C.T of Delhi… — Writ and Judicial Review | Delhi HC (2026)

Tamanna Bhardwaj & Anr. Vs the State ( N.C.T of Delhi… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition allowed and disposed of: DCP Outer-North District and SHO PS Alipur directed to provide adequate assistance and protection as and when needed; petitioners may contact Beat Constable Mr. Ajay (+918860291330) or SHO (+91-7065036325); if they shift to another Police Station jurisdiction, they must give complete details including address to the concerned SHO within three days of shifting.

Issue for consideration

Whether the petitioners, consenting adults who solemnised an inter-caste marriage out of free will, are entitled to a writ of mandamus granting protection against threats to their life and limb at the hands of respondent nos. 2 to 4.

Court's answer

The petitioners, being consenting adults who chose to enter matrimony out of their own free will, intent and choice, are entitled to lead their respective lives with liberty and dignity as guaranteed under Part III of the Constitution of India.

Ratio / Principle

Such consenting adults have to be accorded protection from any outside source, be it the general public comprising of their own parents, relatives, friends or known persons.

Key takeaways

The Deputy Commissioner of Police, Outer North District and the Station House Officer, PS Alipur, Delhi are directed to give/provide protection to the petitioners, who shall be free to contact the designated Beat Constable or the SHO for police protection/assistance as and when the need arises.ratio¶22

Detailed headnote1 paragraphs

Writ petition under Article 226, Constitution of India read with Section 528 BNSS 2023 by two consenting adults (married on 09.04.2026 per Hindu Vedic rites) facing threats from respondent nos. 2-4, family/acquaintance of petitioner no. 1, opposed to their inter-caste marriage. Holding: consenting adults marrying of free will are entitled to life with liberty and dignity under Part III and must be accorded protection from any outside source including parents, relatives and friends. Relied on Shafin Jahan vs. Asokan K.M. (2018) 16 SCC 368 and Lata Singh vs. State of U.P. & Another (2006) 5 SCC 475 (right to marry of one's choice integral to Article 21). Disposition: petition allowed and disposed of; DCP Outer-North and SHO PS Alipur directed to provide police protection, with contact details supplied and a duty on the petitioners to intimate the concerned SHO within three days if they relocate.

$~86

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 1251/2026

TAMANNA BHARDWAJ & ANR. .....Petitioners Through: Mr. Suresh Chand, Adv.

versus

THE STATE (N.C.T OF DELHI) AND ORS. .....Respondents Through: Mr. Sanjay Lao, ASC

CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 20.04.2026

By virtue of the present petition under Article 226 of the Constitution of India read with Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek issuance of a writ in the nature of Mandamus granting protection against the threat to their life and limb at the hands of respondent nos.2 to 4, being the family members and acquaintance of petitioner no.1.

At the outset, learned counsel for the petitioners submits that both the petitioners are consenting adults, who, out of their own free will and volition, have solemnised marriage inter se themselves on 09.04.2026 as per Hindu Vedic rites and customs. He submits that respondent nos.2 to 4, have been constantly intimidating the petitioners, as well as threatening them with grave physical harm thereby interfering with their right to life and personal liberty as they are against the inter-caste marriage of the petitioners.

Learned counsel for the petitioners submits that pursuant to the said

This is a digitally signed order.

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threats, a complaint was filed on 10.04.2026 before SHO PS.: Alipur, Delhi, The DCP, Outer North District, Delhi and The Commissioner of Police. In fact, although the Police provided temporary support, however, no further protection was provided thereafter and the respondent nos.2 to 4 as also their associates started to roam around the house of the petitioners and threatening them. In view thereof, the learned counsel prays that Police protection be granted to the petitioners.

Issue notice.

Learned Additional Standing Counsel ( ASC ) for the State accepts notice and submits that the address provided by the petitioners falls within the jurisdiction of PS.: Alipur, Delhi.

The petitioners, being consenting adults, have chosen to enter into the bond of matrimony with each other as life partners, out of their free will, intent and of choice. Thus, they are entitled to lead their respective lives with liberty and dignity as guaranteed under Part III of the Constitution of India. In view thereof, they have to be accorded protection from any outside source, be it the general public comprising of their own parents/ relatives/ friends/ known persons. The Hon’ble Supreme Court in Shafin Jahan vs. Asokan K.M. [ (2018) 16 SCC 368 ] and also in Lata Singh vs. State of U.P. & Another [ (2006) 5 SCC 475 ] while highlighting the same has held that the right to marry a person of one’s choice is integral to Article 21 of the Constitution and the right to exercise the said choice cannot be interfered with by their parents/ relatives/ friends, based on caste/ creed/ colour/ religion.

Accordingly, as per the aforesaid existing position, the present petition is allowed and the Deputy Commissioner of Police, District, Outer

This is a digitally signed order.

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North and the Station House Officer ( SHO ), PS.: Alipur, Delhi are directed to give/provide protection to the petitioners. As such to enable the petitioners for seeking police protection/ assistance, they shall be free to get in touch with either the Head/ Beat Constable, i.e. Mr. Ajay (+918860291330), or the SHO, (+91-7065036325), PS: Alipur, Delhi, if, as and when the need so arises.

In view of the above, the SHO and the concerned Beat Constable are directed to take all possible steps to provide adequate assistance and protection, as and when needed by the petitioners, in accordance with law. 9. However, if the petitioners choose to reside within the jurisdiction of any other Police Station, they shall apprise about the same and give complete details including the address to the SHO of the concerned Police Station within a period of three days from shifting and the concerned SHO shall also take all possible steps to provide adequate assistance and protection, as and when needed by the petitioners, in accordance with law. 10. Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J

APRIL 20, 2026/NA

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/04/2026 at 13:06:07