Police Protection for Couples Marrying by Choice in Delhi

Most couples who marry by choice in Delhi face nothing worse than disapproval and difficult conversations. Some, however, face threats, pressure, false complaints or worse, particularly in inter-caste and inter-faith relationships. If that is your situation, you are not without protection. Indian law is clear that adults may marry a person of their choice, and courts have repeatedly directed the police to protect couples. This guide explains your rights and the practical steps to stay safe.

If you are in immediate danger, call 112 now.

Your rights in plain terms

• Adults can marry by choice. If the man is at least 21 and the woman at least 18, and the other legal conditions are met, neither needs parental consent.
• Religion and caste are not legal barriers. The Special Marriage Act lets people of different religions marry without conversion.
• Threats and violence are crimes. Criminal intimidation, wrongful confinement, assault and similar acts are offences, whoever commits them, including family members.
• The state has a duty to protect you. The Supreme Court has said police must protect couples facing threats.

What the Supreme Court has said

In Lata Singh v State of Uttar Pradesh (2006), the Supreme Court held that a major is free to marry anyone they like, and directed that police across the country ensure that couples in inter-caste or inter-religious marriages are not harassed or threatened, and that action is taken against those who do so.

In Shakti Vahini v Union of India (2018), the Court addressed honour crimes and pressure from community bodies. It issued preventive, remedial and punitive guidelines, including directions for states to set up special cells and safe houses for couples under threat, and for police to act on complaints promptly.

These judgments bind police and authorities across India, including in Delhi.

Step 1: Make an immediate safety plan

Before you do anything else, think about your immediate safety:

• Keep your phone charged and carry an emergency contact list.
• Keep copies of your identity and age proofs with a trusted friend, and in cloud storage.
• Avoid travelling alone to places where your family can find you.
• Tell one or two trusted people where you are.
• Save evidence of threats: messages, call logs, voice notes, names of people involved.

Step 2: Approach the police

If you face threats, give a written complaint to the Station House Officer of your local police station. If the local police do not act, write to the Deputy Commissioner of Police (DCP) of the district. Your complaint should:

1. Give your names, ages and addresses (you can ask that your current address be kept confidential).
2. State that you are adults who have married, or intend to marry, by choice.
3. Describe the threats in detail: who, when, how, and any evidence.
4. Ask for protection and for action against those threatening you.
5. Attach copies of age proofs and, if available, your marriage certificate or court marriage notice.

Keep a receipt or a stamped copy of your complaint.

Step 3: Approach the High Court if needed

If the threat is serious, or the police do not act, you can file a petition in the Delhi High Court seeking protection. The court can direct the police to provide protection and to ensure that no coercive action is taken against you. A lawyer can file the petition and request an urgent hearing. Protection petitions by couples are a regular part of the High Court’s work.

Step 4: Proceed with your marriage paperwork

A registered marriage gives you clear legal standing, including against claims of kidnapping or illegal detention. Options:

• Court marriage under the Special Marriage Act, for any couple, especially inter-faith couples. It involves a 30-day notice displayed at the office. See court marriage in Delhi.
• A religious ceremony and registration under the Hindu Marriage Act, if both are covered by it, with no public notice. See temple marriage registration.

If privacy is a concern during a court marriage notice, read is a court marriage notice public?.

Dealing with false complaints

Families sometimes file complaints alleging kidnapping or that one partner, usually the woman, was taken against her will. If this happens:

• Do not panic. Carry age proofs and marriage documents.
• The woman’s own statement, made voluntarily before police, a magistrate or a court, carries weight.
• Inform the police of your protection complaint and any High Court order.
• Get a lawyer involved early.

Practical safety steps after marriage

• Keep certified copies of your marriage certificate in several places.
• Update your address with the police if you have a protection order.
• Avoid sharing your location on social media.
• Keep emergency numbers on speed dial: 112, a trusted friend and your lawyer.
• If you need to collect belongings from a family home, ask the police to accompany you.

What to include in a protection petition

If you approach the High Court, your lawyer will prepare a petition. It usually includes:

• both partners’ names, ages and proof of age;
• a statement that both are adults who have married, or intend to marry, of their own free will;
• details of the threats, with dates and copies of messages or call records;
• a copy of any police complaint and the response, if any;
• a copy of the marriage certificate or court marriage notice, if available;
• a request that the police be directed to provide protection and that no coercive action be taken against the couple.

Courts usually ask the police to assess the threat and take appropriate steps, which can range from a beat officer’s phone number to a security arrangement, depending on the risk.

When the woman is held by her family

Sometimes one partner, often the woman, is confined by her family to stop the marriage. If you know your partner is being held against her will, contact the police immediately. A lawyer can also file a habeas corpus petition in the High Court, asking the court to direct that she be produced so that she can state her wishes freely. Courts have repeatedly allowed adult women to go with the partner of their choice once they have stated their wishes.

Emotional support

Marrying without family support can be painful even when it is the right decision. Lean on friends, and consider talking to a counsellor. Many couples find that relations with family improve over time once the marriage is a settled fact.

Worked example

Neha and Aamir, both adults, planned a court marriage. After Neha’s family discovered the notice, her brother began sending threatening messages and turned up at her workplace. Neha saved the messages and, with Aamir, gave a written complaint to the SHO and the DCP, attaching their age proofs and the notice acknowledgement. When the threats continued, a lawyer filed a protection petition in the Delhi High Court, which directed the police to ensure their safety. They completed their marriage on the booked date.

Keeping evidence

Evidence makes the difference between a complaint that is acted on quickly and one that is not. Keep screenshots of messages with dates and phone numbers visible, save voice notes and call logs, and write down what happened after each incident while it is fresh: the date, time, place, who was involved and what was said. Store copies in cloud storage and with a trusted friend. If you are injured, get a medical examination and keep the record.

How WedProof can help

WedProof can help you choose the most private lawful route, prepare your documents, plan your notice and marriage dates, and connect you with an advocate experienced in protection matters. Use the form on this page; your enquiry is kept confidential.