J&K High Court Says Family Approval Not Needed for Adult Couples to Marry, Orders Police Protection
SRINAGAR: The Jammu and Kashmir and Ladakh High Court has ruled that family, community or clan approval is not required when two consenting adults decide to marry, while directing police to provide adequate protection to a couple facing alleged threats from their relatives.
Justice Shahzad Azeem passed the directions in an order dated October 23, 2026, after hearing a petition filed by Jaswinder Kour and another petitioner, who approached the court seeking protection from alleged physical violence and harassment following their marriage against the wishes of their families.
The petitioners, represented by advocate Harsh Dubey, submitted that both were adults, had married of their own free will and were living together as husband and wife. They expressed apprehension of threats from relatives who opposed their relationship.
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Court Verifies Ages and Marriage Details
After examining the documents submitted by the couple, the High Court noted that the first petitioner was born on March 26, 1998, while the second petitioner was born on October 10, 1992.
Their Aadhaar cards and Class 10 marks cards issued by the Jammu and Kashmir Board of School Education showed that they were 28 and 34 years old, respectively.
The court also recorded that the couple had solemnised their marriage on March 8, 2024, according to Hindu rituals and traditions.
What the High Court Observed
Emphasising the constitutional rights of individuals to choose their life partners, Justice Azeem observed that the decision of two consenting adults to marry is protected under Articles 19 and 21 of the Constitution.
The court made it clear that family, community or clan approval cannot be made a condition for two consenting adults to enter into marriage.
It further observed that individual choice is inseparable from human dignity and that personal liberty cannot be undermined by notions of family or community honour.
The court stressed that any interference with the freedom of adults to choose their partners would affect their constitutional right to dignity and liberty.
Police Directed to Provide Security
Allowing the plea for protection, the High Court directed the official respondents to ensure adequate security for the petitioners.
The authorities were also directed to act in accordance with the principles laid down by the Supreme Court in Lata Singh v. State of Uttar Pradesh (2006) and Shakti Vahini v. Union of India (2018).
However, the protection was made subject to verification that both petitioners were adults and that their marriage had been solemnised in accordance with applicable laws.
The court also clarified that if any FIR had been registered against either petitioner, the police could proceed with the investigation in accordance with law.
While disposing of the writ petition and the connected application, the High Court made it clear that its order should not be treated as final authentication of the marriage or a conclusive determination of the petitioners’ legal eligibility to marry.
The matter, it said, remained subject to compliance with the requirements of prevailing laws.
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