CONSENT OF THE FAMILY OR COMMUNITY IS NOT REQUIRED FOR TWO ADULT INDIVIDUALS TO ENTER INTO WEDLOCK

The High Court of Jammu & Kashmir and Ladakh held that approval or permission of the family, community, or clan is not required for two adult individuals to enter into wedlock. Two adults are free to engage each other as life partners, and the same is recognized under Articles 19 and 21 of the Constitution. 

Single-judge Justice Tashi Rabstan was hearing a case filed by a couple who married against the family's wishes. The couple argued that they had been subjected to violence by their relatives who opposed the marriage.

The Court said that "Two adults marrying out of their choice, they consummate their relationship, feel that it is their goal and they have every right to do so. Any infringement to the rights of such adults is a constitutional violation."

In view of the above, the Court disposed of the writ petitioner and directed the State and Police authorities to provide security to the petitioners.

Author: Papiha Ghoshal