In a sensitive matter touching both personal liberty and social tensions, the Jammu & Kashmir and Ladakh High Court stepped in on Monday to address the fears of a young couple who said they were facing harassment after marrying against family wishes.
Background
Rohit Kumar and his partner approached the court after claiming that their lives were in danger from close relatives who opposed their marriage. The couple, both majors, produced their marriage certificate dated September 24, 2025, and documents confirming their ages. Their counsel, Arjun Singh Salaria, argued that since the marriage was legally valid, there was no justification for threats or interference. He relied on the Supreme Court’s landmark ruling in Lata Singh v. State of U.P. (2006), which upheld the right of consenting adults to marry freely.
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Court’s Observations
Justice Sanjay Dhar, after hearing both sides, noted that the documents on record “prima facie reveal that the petitioners are major and they have contracted the marriage according to Hindu rites and customs.”
He underlined that every individual who has attained the age of majority is entitled to choose their life partner. “The police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties,” the bench observed.
At the same time, the court pointed out a gap in the petitioners’ approach. It noted that the couple had not yet formally approached the police before rushing to court. Justice Dhar said the authorities cannot be bypassed, and their role in verifying the facts remains crucial.
Decision
The writ petition was disposed of at this initial stage with clear directions. The judge ordered the senior police officials (respondents 1 to 3) to examine the couple’s grievance and extend protection if they are satisfied that the two are indeed majors who married voluntarily. The court clarified that it was not giving any opinion on the validity of the marriage itself, leaving it open for the police to assess based on records and inquiry.
Justice Dhar concluded by stressing that if the couple’s claims were genuine, “necessary protection shall be extended to them and nobody should interfere in their married life.”
Case Title: Rohit Kumar & Anr. v. Union Territory of J&K & Ors.
Case No.: WP(C) No. 2730/2025, CM No. 6269/2025
Date of Order: 29 September 2025
Petitioners: Rohit Kumar & Another (newly married couple)
Respondents: Union Territory of J&K (official authorities) & private respondents (family members opposing marriage)
