State must protect consenting adults: Jammu and Kashmir and Ladakh High Court
The court reiterated that consenting adults are free to marry a person of their choice and directed authorities to consider protection requests.
The couple got married with their free will. (AI-generated image) Holding that adults are legally entitled to marry the person of their choice, the Jammu and Kashmir and Ladakh High Court has granted protection to a major couple fearing threats to their matrimonial life at the hands of private individuals after marrying on their own will.
Justice Rajesh Sekhri observed that the couple did not approach the authorities seeking protection before moving to the court.
“It is trite in law that any person having attained the age of consent is entitled to marry as per his/her choice and the government, in particular the police agency, is under an obligation to protect the life of its citizens,” the June 16 order noted.
Justice Rajesh Sekhri was hearing a matter of a married couple seeking protection from private individuals.
Free will and marriage
- The petitioners (couple), having attained the age of majority, have entered into wedlock out of their free will and volition.
- The couple placed on record their respective date of birth certificates, issued by the competent authorities.
- The couple, however, apprehend danger to their matrimonial life at the hands of private respondents.
‘Protection for couple’
Considering the limited nature of the controversy and the relief prayed for by the couple, the Jammu and Kashmir and Ladakh High Court directed the authorities to consider the couple’s matter.
Noting that the couple had attained the age of consent, the court reiterated that they are legally entitled to marry a person of his/her choice.
The court observed that the police agency is under an obligation to protect the life of its citizens in such cases where the couple’s matrimonial life is at risk from the private respondents.
The court ordered the authorities to examine their request and ensure protection of their married life, with no one’s interference, provided there is no legal obstacle.
Without expressing any opinion about the validity or authenticity of the marriage or certificate annexed, the court said that the order should not come in the way of the police agency for investigation of an FIR/criminal complaint, if any, filed against the petitioners.
‘Blocking personal choice strikes at core of dignity’
The Jammu and Kashmir and Ladakh High Court recently granted protection to a couple, observing that they had married against the wishes of their families, and that obstructing the right to express one’s own choice would strike at the “core of dignity”.
Justice M A Chowdhary was hearing the plea of the couple who sought protection and security cover, stating that they were apprehensive of violence and harassment at the hands of their relatives after marrying against their wishes.
Justice M A Chowdhary was hearing the plea of the couple on February 9.
“If the right to express one’s own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness,” the court observed in its February 9 order.
Share
