The Jammu and Kashmir and Ladakh High Court on Tuesday ordered the police to safeguard the lives of a young couple who claimed they were facing threats after marrying against their families wishes. Justice Sanjay Dhar, while hearing a plea filed by Shamema Banoo and her husband, said that every adult has the right to choose their life partner, and the authorities must protect this freedom from societal pressure or violence.
Background
The case arose after Shamema Banoo and her partner approached the High Court, seeking directions for police protection. They alleged that the woman's family members were threatening them for entering into a marriage that went against family consent. The petitioners submitted documents to prove they were adults and that the Nikah (Islamic marriage) was solemnised on 30 September 2025 in accordance with Muslim personal law.
Their counsel, Advocate Muzzaffar Ali Shah, cited the Supreme Court’s landmark ruling in Lata Singh v. State of Uttar Pradesh (2006), where the apex court held that consenting adults have the freedom to marry across caste or religious lines, and that any interference from relatives or community members was unlawful.
Court's Observations
Justice Sanjay Dhar carefully reviewed the petition and observed that,
"Any person who has attained the age of majority is entitled to contract marriage as per his or her wishes." The court underlined that the police authorities are duty-bound to protect such individuals from harm or harassment.
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However, the bench also noted that the couple had not yet made a formal approach to the local police before moving the court.
"It appears that the petitioners have not approached the official respondents for their indulgence," Justice Dhar remarked, suggesting that the authorities be given the first opportunity to act upon the request for protection.
The judge maintained a balanced tone throughout, refraining from commenting on the validity of the marriage itself, and clarified that the order pertained solely to the protection of the couple’s life and liberty.
Decision
Disposing of the petition, the High Court directed the Senior Superintendent of Police (SSP) and other concerned officers to look into the couple's grievance "if and when they approach the authorities." The police have been asked to verify the couple's age and marital status. If they are found to be adults who married of their own free will, the police must ensure that no one interferes in their married life.
Justice Dhar concluded the order by emphasizing that personal liberty is fundamental, and any attempt to curb it through intimidation or violence must be dealt with firmly.
Case Title: Shamema Banoo & Another vs Union Territory of Jammu & Kashmir & Others
Case Number: WP(C) No. 2787/2025 with CM No. 6430/2025
Date of Decision: 08 October 2025
Petitioners Counsel: Mr. Muzzaffar Ali Shah, Advocate
Respondents Counsel: Mrs. Monika Kohli, Senior Additional Advocate General with Ms. Sagira Jaffar, Advocate
