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2024 Supreme(Online)(MAD) 43110

HIGH COURT OF MADRAS
M.NIRMAL KUMAR, J
Akila @ Anish Fatima – Appellant
Versus
The District Collector – Respondent
W.P.(MD)No.30496 of 2024



Advocates:
Dr.R.Alagumani, Mr.M.Muthumanikkam, Mr.A.Thiruvadi Kumar

The right to choose a life partner is fundamental and must be protected by the state against threats, particularly in cases of interfaith marriages.

Headnote:(A) Right to choose a life partner - Essential part of dignity - The court held that the right to choose a life partner is an essential part of dignity and cannot be curtailed, directing law enforcement to provide protection against honor killings. (Paras 5, 9)

Findings of Court:
The threat to the petitioner and her husband is real, necessitating police protection.

Issues: The main issue was the need for protection against threats from the petitioner's family due to her interfaith marriage.

Ratio Decidendi: The court reaffirmed the obligation of the state to protect individuals fearing honor killings, emphasizing the importance of personal choice in marriage.

Result: Protection granted to the petitioner and her husband.

ORDER

This Writ Petition has been filed seeking a direction to the respondents 1 to 4 to provide adequate protection to the petitioner and her husband on the basis petitioner's representation dated 10.12.2024, in accordance with law.

2 . The learned counsel for the petitioner submitted that the petitioner, who married Jameel Ahamed on 29.11.2024, according to Islamic tradition, at Deenul Islam Development and Foundation Trust in Uraiyur, Trichy District, is now facing a life threat for herself and her husband, Jameel Ahamed, since she married after converting to Islam. The petitioner's father, employed as a Bank Manager, has good connections with politicians and powerful individuals. Using these connections, life threats have been issued to the petitioner and her husband. Specifically, one Balakrishnan, a powerful individual from Manachanallur, the petitioner's uncle Murugesan, and one Ambikavathi are actively attempting to eliminate the petitioner and her husband to regain their family pride.

3 . The learned counsel for the petitioner submitted that the petitioner previously lodged a complaint on 30.11.2024 before the Cantonment All Women Police Station, Trichy City, but it was not entertained. Subsequently, the petitioner went to the Superintendent of Police's office at about 07:00 p.m., where she was asked to appear before the Cantonment All Women Police Station. On 01.12.2024, the petitioner's father, Karunanithi, her uncle Murugesan, Ambikavathi, and Balakrishnan, the husband of a Councillor, entered the petitioner's in- laws' house in search of the petitioner and her husband, and threatened them. Fearing for her life and that of her husband, the petitioner has now approached this Court for protection.

4 . The learned counsel for the petitioner further submitted that the petitioner and her husband were in love for six years. The petitioner is an M.Sc. Biotechnology graduate working in a private company, while her husband is less qualified and works as a cab driver. This disparity, coupled with the religious difference, has led her parents to seek the elimination of the petitioner and her husband. Therefore, she seeks protection. Despite sending representations to various authorities, including the respondents 1 to 4, no action has been taken. Hence, the petitioner has filed this Writ Petition.

5 . In support of his contentions, the learned counsel for the petitioner referred to the judgment of the Hon'ble Apex Court in the case of Shakti Vahini vs. Union of India and others , reported in 2018 (7) SCC 192 , wherein it has been held that the right to choose a life partner is an essential part of dignity and the same cannot be curtailed. Further, the Law Enforcement Authorities and the State Government were issued certain directions to avoid honour killings. Further, if required, Law Enforcement Agencies must provide Police protection to couples. The State Government is also duty-bound to provide safe houses in each district for young couples fearing honour killings. Further, F.I.Rs. and other actions must be taken promptly against individuals threatening or involved in such acts without exception.

6 . The learned Additional Public Prosecutor submitted that the petitioner's complaint was received by the third respondent. Initially, the petitioner was named Akila, but after her conversion and marriage to Jameel Ahamed on 29.11.2024, she changed her name to Anish Fathima. Before the marriage, she had informed her parents about her relationship with Jameel Ahamed, which was not accepted. In response, her parents attempted to force her into a marriage of their choice. As a result, she left her home on 28.11.2024, and the marriage was conducted according to Islamic law. The learned Additional Public Prosecutor further submitted that the State is obligated to provide protection to individuals fearing honour killings at the hands of aggrieved parents or others. It is also noted that there is no opposition from Jameel Ahamed's family, an

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