In a significant judgment, the Jammu & Kashmir and Ladakh High Court reaffirmed that the right of two consenting adults to marry is a constitutionally protected right, and does not require approval from family, community, or clan.
The ruling was delivered by Justice Wasim Sadiq Nargal while hearing a writ petition filed by a couple seeking police protection. The petitioners, represented by Advocate Dinesh Sharma, stated they were legally married under Hindu rites on 26th March 2025, and being majors, had married of their own free will. They feared physical harm and harassment from their families, who disapproved of the union.
The Court noted:
“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… Consent of family or community or clan is not necessary.”
Justice Nargal emphasized the role of Constitutional Courts in defending personal liberty:
“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.”
The Court stressed that the freedom to choose one's partner is intrinsic to human dignity:
“The choice of an individual is an extricable part of dignity… no one shall be permitted to interfere in the fructification of the said choice.”
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Justice Nargal further added:
“When two adults marry out of their volition, they choose their path… any infringement of the said right is a constitutional violation.”
The Court directed the authorities to verify the age and legality of the marriage. If verified, adequate protection must be provided to the couple, and any ongoing police investigations should continue without affecting their liberty. The judgment also cited the Supreme Court’s rulings in Lata Singh v. State of U.P. and Shakti Vahini v. Union of India to support its observations.
However, the Court clarified:
“This order does not authenticate the validity of the petitioners’ marriage or their majority; such factors must be verified as per law.”
The petition was accordingly disposed of, along with related applications.
Case Title: Anamika Devi Vs UT Of J&K
