Jammu & Kashmir High Court
Deepak Kumar And Another vs Ut Of J&K And Others on 26 August, 2025
2025:JKLHC-JMU:2497
Serial No. 138
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 2340/2025
CM No. 5414/2025
Deepak Kumar and another .....Appellant(s)/Petitioner(s)
Through: Mr. Kamya Priya, Advocate.
vs
UT of J&K and others ..... Respondent(s)
Through: Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
26.08.2025
1. Petitioners claim that they, being major, have contracted marriage out
of their freewill and are living as husband and wife, but are
apprehensive to be subjected to physical violence and harassment at
hands of their relatives, as petitioners have contracted marriage against
their wishes. Petitioners, therefore, seek protection and security from
respondents.
2. Heard, perused and considered.
3. Perusal of record annexed with writ petition, prima facie, reveals that
petitioners are major and have contracted marriage on 21.08.2025,
according to Hindu rites and customs.
4. 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.
Consent of family or community or clan is not necessary, once two
2 WP(C) No. 2340/2025
2025:JKLHC-JMU:2497
adult individuals agree to enter into wedlock and their consent has to
be piously given primacy. The concept of liberty has to be weighed
and tested on the touchstone of constitutional sensitivity, protection
and values it stands for.
5. It is the obligation of the Constitutional Courts as the sentinel on qui
vive to zealously guard the right to liberty of an individual as dignified
existence of an individual has an inseparable association with liberty.
Thus, it is emphatically clear that life and liberty sans dignity and
choice is a phenomenon that allows hollowness to enter into the
constitutional recognition of identity of a person. The choice of an
individual is an extricable part of dignity, for dignity cannot be
thought of, where there is erosion of choice and no one shall be
permitted to interfere in the fructification of the said choice. If right to
express one’s own choice is obstructed, it would be extremely difficult
to think of dignity in its sanctified completeness.
6. When two adults marry out of their volition, they choose their path;
they consummate their relationship; they feel that it is their goal and
they have the right to do so. And it can unequivocally be stated that
they have the right and any infringement of the said right is a
constitutional violation.
7. Keeping in view the prayer made, writ petition is disposed of with a
direction to official respondents to provide adequate protection 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 & Ors. AIR 2018 SC 1601″,
3 WP(C) No. 2340/20252025:JKLHC-JMU:2497
subject to verification by the official respondents, as to whether parties
are major and the marriage has been solemnized in strict 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. Needless to say, that disposal of instant petition does not
authenticate petitioners’ marriage or their age/majority to enter into
marriage, which, however, is otherwise subject to fulfilment of
stipulations, as envisaged under prevalent laws.
8. Disposed of along with connected CM.
(WASIM SADIQ NARGAL)
JUDGE
Jammu
26.08.2025
Sahil Padha
Whether the order is speaking: Yes/No.
Whether the order is reportable: Yes/No.
[ad_1]
Source link