Anam Daughter of Bashir Ahmad & Anr. Vs Union of… — Writ and Judicial Review | Delhi HC (2026)

Anam Daughter of Bashir Ahmad & Anr. Vs Union of… — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Protection directions issued: petitioners may approach the SHO or Head/Beat Constable (Mr. Ashwani, +9911892792), PS: Jafrabad, Delhi, as and when needed; police to provide adequate assistance and protection in accordance with law; on shifting to another PS jurisdiction, petitioners to intimate the SHO concerned with complete details including address within three days.

Issue for consideration

Whether the petitioners, two consenting adults who solemnised their marriage of their own free will, are entitled to a writ of mandamus directing the respondents to protect their lives and liberty from threats at the hands of the family of petitioner no.1.

Court's answer

The right to marry is an inalienable aspect of human life, liberty and dignity, guaranteed under the Constitution of India and recognised globally by way of the Universal Declaration of Human Rights.

Ratio / Principle

Choice of a partner is a personal matter of liberty, hardly leaving any scope for interference.

Key takeaways

In matters of private choice and disposition, society, the public, and the parents/relatives/friends of those involved have no role to play where the parties are two consenting adults who have married out of their free choice.ratio¶24
The petition is allowed: the petitioners are free to contact the SHO or the Head/Beat Constable, Mr. Ashwani (+9911892792), PS: Jafrabad, Delhi, as and when needed, and the SHO and Beat Constable concerned shall take all possible steps to provide adequate assistance and protection in accordance with law.ratio¶26

Detailed headnote1 paragraphs

W.P.(CRL) 780/2026, decided 11.03.2026 (Saurabh Banerjee, J., High Court of Delhi): Petition under Articles 226 and 227 of the Constitution read with Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 by a couple (married vide Nikahnama dated 07.02.2026) seeking mandamus for protection against threats from the family of petitioner no.1, whose brother with 15 to 20 unidentified persons had threatened the family of petitioner no.2 around 05.03.2026. Held: the right to marry is an inalienable aspect of life, liberty and dignity; choice of partner is a personal matter of liberty; society and relatives have no role where the parties are consenting adults (relying on Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368; Lata Singh v. State of U.P., (2006) 5 SCC 475). Petition allowed: petitioners may contact the SHO or Head/Beat Constable (Mr. Ashwani, +9911892792), PS Jafrabad; police to provide adequate assistance and protection; intimation to the SHO of any new PS jurisdiction with full address details within three days of shifting.

$~82

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 780/2026

ANAM DAUGHTER OF BASHIR AHMAD & ANR.

.....Petitioners

Through: Mohd. C. Iqbal Khan and Mohd. Ovai, Advs.

versus

UNION OF INDIA & ORS. .....Respondents Through: Mr. Anand V. Khatri SC for State

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 11.03.2026 CRL.M.A. 7475/2026 (Exemption)

Allowed, subject to all just exceptions.

The present application is disposed of.

W.P.(CRL) 780/2026 & CRL.M.A. 7476/2026

By virtue of the present petition under Articles 226 and 227 of the Constitution of India read with Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioners seek issuance of a writ of mandamus directing the respondents to provide them with protection against the threats to their lives and liberty at the hands of the family of petitioner no.1.

Learned counsel for the petitioners submits that both the petitioners are consenting adults who, out of their own free will and volition, have solemnised their marriage vide Nikahnama dated 07.02.2026, and are residing together as husband and wife.

Learned counsel further submits that unfortunately, the petitioners are facing continuous threats, intimidation and harassment from the family

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 12/03/2026 at 14:01:54

members of the petitioner no.1, including serious threats to the lives of the petitioners as well as the family of petitioner no.2. In fact, around 05.03.2026, the brother of petitioner no.1 alongwith 15 to 20 unidentified persons forcibly arrived at the residence of petitioner no.2 and physically threatened and harassed his family. He, hence, prays that protection be granted to the petitioners against the family of petitioner no.1.

Issue notice.

Learned ASC for State accepts notice, and at the outset submits that the address provided by the petitioners falls within the jurisdiction of PS: Jafrabad, Delhi.

It is trite that the right to marry is an inalienable aspect of human life, liberty and dignity, guaranteed under not only the Constitution of India, but also recognised globally by way of the Universal Declaration of Human Rights. One’s choice of choosing a partner is a personal matter which is a matter if liberty, hardly leaving any scope for interference, unless otherwise. Thus, in matters of private choice and disposition, the society and/ or the public including the own parents/ relatives/ friends of those involved have no role to play, especially whence the parties are two consenting adults who have out of their free choice and their wisdom entered into the pure bond of marriage.

The same has also been highlighted by the Hon’ble Supreme Court in Shafin Jahan vs. Asokan K.M. [ (2018) 16 SCC 368 ], as well as in Lata Singh vs. State of U.P. & Another [ (2006) 5 SCC 475 ].

Accordingly, the present petition is allowed and the petitioners shall be free to get in touch with either the SHO, or the Head/ Beat Constable, Mr. Ashwani (+9911892792), PS: Jafrabad, Delhi, if, as and when the

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 12/03/2026 at 14:01:54

need so arises. Needless to say, the SHO and the Beat Constable concerned shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioners, in accordance with law.

It is made clear that if the petitioners choose to reside within the jurisdiction of any other PS, they shall apprise about the same and give the complete details including the address to the SHO of the concerned PS within a period of three days from shifting and the SHO concerned to also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioners, in accordance with law.

Accordingly, the present petition, alongwith the pending application, stands disposed of in the aforesaid terms.

SAURABH BANERJEE, J.

MARCH 11, 2026/Ab

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 12/03/2026 at 14:01:54