Kalpana Kumari & ANR. v. The State Govt Of NCT Of Delh) & ORS.

$~82 * IN THE HIGH COURT OF DELHI AT DELHI + W.P.(CRL) 2880/2025 KALPANA KUMARI & ANR.

.....Petitioners Through:

Mr. M.Z. Chaudheri, Mr. S. Zaidi, Ms. Mansi and Mr. Tabarak Husain, Advocates with Petitioners (inPersons).

versus THE STATE GOVT OF NCT OF DELH) & ORS. .....Respondents Through:

Mr. Yasir Rauf Ansari, ASC (Crl.) with Mr. Alok Sharma, Advocate for State.

SI Akash Kumar, P.S. Bhajanpura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 10.09.2025 1.

Both Petitioners, who are adults and of marriageable age, have approached this Court, by way of the instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, expressing apprehension for their life and liberty due to their intention to marry, and fear that their marriage may not be accepted by their family members. Petitioner No. 1, who appears in person alongside Petitioner No. 2, informed the Court that she has known Petitioner No. 2 for the past three years and now wishes to marry him. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

She spoke in a firm and confident manner, expressing her desire to marry Petitioner No. 2 based on their relationship, and appears to have made this decision thoughtfully. Be that as it may, the Court is not to sit in judgment over the choice of a partner. The concern of the Court is primarily the safety and security of Petitioner No. 1, and whether she is in the company of Petitioner No. 2 on her own volition. This has been confirmed by her.

3.

As regards the prayer seeking protection, the Court is of the view that the same ought to be assessed by the concerned SHO in light of the nature of the allegations made by the Petitioners. The SHO shall consider the circumstances and, if deemed necessary, take appropriate preventive measures to ensure the safety and protection of the Petitioners, in accordance with law.

4.

It must be clarified that, at this juncture, the Court has neither issued notice, nor heard Respondent No. 4, the father of Petitioner No. 1, and therefore, any directions issued by the Court or the observations made hereinabove, are purely on the basis of the averments made in the petition, and the Court has not expressed any opinion regarding the truthfulness or the veracity of such claims. All rights and contentions of the parties are left open.

5.

Mr. Yasir Rauf Ansari, ASC (Crl.) for State, states that the SHO of the concerned Police Station shall provide adequate protection to the Petitioners if so warranted. It is directed that the beat constable of the concerned area shall be sensitized in this regard. Furthermore, the telephone numbers of the concerned Police Station, as well as that of the beat constable, shall also be provided to the Petitioners to enable them to contact The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the officers in case of any threat or apprehension. The contact and address details of the Petitioners' residence shall be provided by counsel for the Petitioners to the Investigating Officer.

6.

With the above directions, the present petition is disposed of along with any pending application(s).

SANJEEV NARULA, J SEPTEMBER 10, 2025/as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.