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Journalism of Courage
Jammu Kashmir High Court Marriage Ruling: The Jammu and Kashmir and Ladakh High Court has recently observed that the consent of family, community or clan is not necessary when two adults agree to marry.
The court made this observation while dealing with a plea seeking protection of a couple from physical violence and harassment by their relatives.
The couple had claimed before the court that they were major and had married according to Muslim Law, against the wishes of their relatives, out of their free will.
They submitted that they are living as husband and wife but are apprehensive about being subjected to physical violence and harassment by their relatives. Therefore they sought protection and security cover.
The court noted that when two adults consensually choose each other as life partners, it is manifestation of their choice recognized under Articles 19 and 21 of the Constitution. The court further added that such right has the sanction of constitutional law and the right needs to be protected.
“When two adults consensually choose each other as life partners, it is manifestation of their choice that is recognized under Articles 19 and 21 of the Constitution. Such right has sanction of constitutional law and once that is recognized, said right needs to be protected and it cannot succumb to conception of class honour or group thinking”, the court said.
The court further noted that the concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for.
The court therefore directed the state to provide security cover to the couple. The court also directed to verify the claims of marriage between the couple. The court further added that the police can conduct a probe if there is any FIR against the couple.
“The instant writ petition is disposed of with a direction to official respondents to provide adequate security cover to petitioners and act in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India and others AIR 2018 SC 1601, subject to the condition that official respondents will check and see as to whether parties have solemnized marriage in accordance with prevalent laws, and if there is an FIR against any of the petitioner(s), the police may go ahead with the investigation under rules”, the court ordered.
