Srinagar: The High Court of J&K and Ladakh on Monday held that ‘consent of family or community or clan is not necessary, once two adult individuals agree to enter into wedlock.’
The Court of Justice M A Choudhary while hearing the petition of a couple seeking protection from their relatives noted that when two adults, consensually, choose each other as life partners, it is the manifestation of their choice that is recognised under Articles 19 and 21 of the Constitution.
“Such right has sanction of constitutional law and once that is recognised, the said right needs to be protected and it cannot succumb to conception of class, honour or group thinking,” Justice Choudhary said.
Court further said that the concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for.
“It is the obligation of the Constitutional Courts to guard the right to liberty of an individual, as the dignified existence of an individual has an inseparable association with liberty,” court recorded.
Court also recorded that 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,” court said.
Justice Choudhary said keeping in view the prayer made, the Writ Petition is disposed of with a direction to the official Respondents to provide adequate protection to the Petitioners.
“and act in accordance with the law laid down by the Supreme Court,subject to the condition that the official Respondents will check and see as to whether the parties are major and that the marriage has been solemnized in strict accordance with the prevalent laws,” court said
and directed if there is an FIR against any of the Petitioner(s), the police concerned may go ahead with the investigation, in accordance with law.