Srinagar, June 23: Reaffirming the constitutional right of adults to marry a person of their choice, the Jammu and Kashmir and Ladakh High Court has granted protection to a major couple who approached the court fearing threats to their matrimonial life from private individuals after marrying of their own free will.
In a significant order aimed at safeguarding personal liberty and individual choice, Justice Rajesh Sekhri observed that any person who has attained the age of majority is legally entitled to choose a life partner and enter into marriage without interference from others.
The court noted that the couple had voluntarily entered into wedlock and had placed on record their date of birth certificates issued by competent authorities, establishing that both had attained the age of consent. The petitioners informed the court that they apprehended danger to their lives and matrimonial relationship at the hands of certain private respondents opposed to their marriage.
While hearing the matter, Justice Sekhri observed that the couple had not initially approached the police or other authorities seeking protection before moving the court. However, emphasizing the duty of the State to protect its citizens, the court held that law enforcement agencies are obligated to ensure the safety of individuals whose lives or liberty may be under threat.
“It is trite in law that any person having attained the age of consent is entitled to marry as per his or her choice, and the government, particularly the police agency, is under an obligation to protect the life of its citizens,” the court observed.
Considering the limited scope of the petition and the relief sought, the High Court directed the concerned authorities to examine the couple’s representation and take appropriate measures to ensure that their married life is protected from unlawful interference, provided there is no legal impediment.
At the same time, the court clarified that it was not expressing any opinion on the validity or authenticity of the marriage or the documents produced by the petitioners. It further stated that the protection order should not hinder any lawful investigation into an FIR or criminal complaint, if one exists against the couple.
The latest order is in line with the High Court’s consistent stand on protecting the rights of consenting adults. In another significant ruling delivered earlier, Justice M.A. Chowdhary had granted protection to a couple who married against the wishes of their families and feared harassment and violence from relatives.
In that case, the court underscored the importance of personal autonomy and individual dignity, observing that the freedom to choose a life partner is an essential component of the right to live with dignity.
“If the right to express one’s own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness,” Justice Chowdhary had remarked while directing authorities to ensure the safety of the couple.
Legal experts believe such judgments reinforce the constitutional principles of liberty, equality and personal freedom, particularly in matters involving marriage and individual choice. The courts have repeatedly maintained that once individuals attain the age of majority, they are free to make decisions regarding their personal lives, including marriage, without fear of coercion, intimidation or societal pressure.
The rulings are also seen as a reminder to law enforcement agencies of their responsibility to provide protection to consenting adult couples facing threats, regardless of social, familial or community opposition.
By upholding the right of adults to choose their partners and live together peacefully, the High Court has once again emphasized that constitutional freedoms and human dignity must remain paramount in a democratic society governed by the rule of law.