Consent of family, community, clan not needed for adults to marry person of their choice: Jammu and Kashmir High Court

Consent of family, community or clan is not necessary for two adult individuals to enter into wedlock, the High Court of Jammu & Kashmir and Ladakh recently held..When two adults choose each other as life partners, it is a manifestation of their choice which is recognised under Articles 19 and 21 of the Constitution and the same has to be given primacy, single-judge Justice Tashi Rabstan said."Such right has sanction of constitutional law and once that is recognised, said right needs to be protected and it cannot succumb to conception of class honour or group thinking. 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 order said..The observations were made in a case filed by a couple who contracted marriage against the wishes of the family.They contended that they have been living together after marriage but are apprehensive of being subjected to physical violence and harassment by their relatives who were opposed to the marriage.The Court said that Constitutional courts have the obligation to guard the liberty of an individual since dignified existence of an individual has an inseparable association with liberty."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," the Court observed.The right of adults to marry person of their choice is part of the right to liberty, the judge said."When two adults marry out of their volition, they choose their path; they consummate their relationship; they feel that it is their goal and they have the right to do so. And it can unequivocally be stated that they have the right and any infringement of the said right is a constitutional violation," the Court made it clear..In view of the above, the Court directed the State and Police authorities to provide adequate security to the petitioners."The writ petition is disposed of with a direction to official respondents to provide adequate security cover to petitioners subject to the condition that official respondents will check and see as to whether parties are major and the marriage has been solemnized in strict accordance with prevalent laws," the Court added..[Read Order]