Consent of family or clan not necessary as two adults choosing to marry each other: J&K High Court
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New Delhi: The Jammu and Kashmir and Ladakh High Court made it clear that when two adults decided to marry the consent of family, community or clan is not necessary, The Indian Express reported.
The court’s ruling comes in response to a plea seeking protection of a couple from physical violence and harassment by their relatives.
Justice Moksha Khajuria Kazmi stated: ‘Consent of family or community or clan is not necessary once two adult individuals agree to enter into wedlock and their consent has to be piously given primacy’.
The couple reportedly told the court that they married as per Muslim Law out of free will being major, against the wishes of their relatives.
Describing themselves as husband and wife, they expressed apprehension about getting subjected to violence and harassment by their relatives, thus sought protection.
The court pointed out that two adults choosing to marry each other is manifestation of their choice recognized under Articles 19 and 21 of the Constitution, adding that their right needs to be protected.
‘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’, the court reportedly said.
Directing the state to provide security to the couple, the court told authorities to verify their claim of marriage, further adding the police can conduct a probe if there is any FIR against the couple.
The court ordered that “The instant writ petition is disposed of with a direction to official respondents to provide adequate security cover 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 and others AIR 2018 SC 1601, subject to the condition that official respondents will check and see as to whether parties have solemnized marriage in 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”.