Sh Abhinav Kumar & ANR. v. State NCT Of Delhi

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 784/2026 SH ABHINAV KUMAR & ANR.

.....Petitioners Through:

Mr. Vijay Kumar Singh, Advocate with petitioners in person versus STATE NCT OF DELHI .....Respondent Through:

Ms. Rupali Bandopadhya, ASC for the State with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates with SI Atul Prabhakar, HC Jai Prakash, PS: Okhla Industrial Area

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 13.03.2026 CRL.M.As. 7537-7538/2026 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The present applications are disposed of.

W.P.(CRL) 784/2026 3.

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 respondent to provide them with protection against the threats to their lives and liberty at the hands of the family of petitioner no.2.

4.

Learned counsel for the petitioners submits that both the petitioners The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

are consenting adults who, out of their own free will and volition, have solemnised their marriage as per Hindu Rites and Ceremonies at Arya Samaj Vivah Sthal Trust, (Regd.) at 1st Floor, Rajendra Market, Near Tis Hazari Court, Delhi vide Marriage Certificate dated 22.01.2026, and are residing together as husband and wife ever since. 5.

He further submits that unfortunately, the petitioners are facing continuous threats, intimidation, and harassment from the family members of the petitioner no.2 including serious threats to the lives of the petitioners. It was further submitted that since the petitioners were facing severe threats, the petitioner no.2 (wife) had moved an application dated 22.01.2026 before the SHO, PS: Okhla Industrial Area, Delhi, qua the "Report Penshbandi" for intimating that the petitioner no.2 had left her parental home on her own accord as also an application dated 22.01.2026 seeking police protection before the DCP, South East District, Sarita Vihar, Delhi, in view of the continuous threats and intimidation made by her family members. He, hence, prays that protection be granted to the petitioners against the family of petitioner no.2. 6.

Issue notice.

7.

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

8.

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 of liberty, hardly leaving any scope for interference, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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. In fact, all these are recognised and 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].

9.

In view of the aforesaid practical and legal position, the present petition is allowed and the petitioners shall be free to get in touch with either the SHO, or the Head/ Beat Constable, i.e., Ashok (+8459794466), PS: Govind Puri, Delhi, if, as and when the need so arises. Needless to say, the SHO and the concerned Beat Constable shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioners, in accordance with law.

10.

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 concerned SHO shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioners, in accordance with law. 11.

Accordingly, the present petition is disposed of in the aforesaid terms.

SAURABH BANERJEE, J MARCH 13, 2026/So The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.