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* 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
1. 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.
2. 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.
3. Learned counsel for the petitioners submits that pursuant to the said 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.
4. Issue notice.
5. 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.
6. 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.
7. Accordingly, as per the aforesaid existing position, the present petition is allowed and the Deputy Commissioner of Police, District, Outer 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 (+91-8860291330), or the SHO, (+91-7065036325), PS: Alipur, Delhi, if, as and when the need so arises.
8. 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.
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