Jammu & Kashmir High Court
Shabana Kosser vs Union Territory Of J&K on 2 March, 2026
Serial No. 143
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 512/2026
01. Shabana Kosser, Age 20 years .....Appellant(s)/Petitioner(s)
W/O Mazameel Din
R/O Village Daherian Tarala
Tehsil & District Rajouri
02. Mazameel Din, Age 22Years
S/O Mohd Azam,
R/O Village DaheriaTarala,
Tehsil Rajouri DistritRajouri
Through: Mr. Waheed Choudhary, Advocate
vs
01. Union Territory of J&K,Through ..... Respondent(s)
the Director General of Police,
Jammu & Kashmir Police
Gulshan Grounds, Jammu
02. The Senior Superintendent of Police,
District Rajouri (J&K)
03. Station House Officer,
Police Station, Rajouri
04. Incharge Police Post
Chingus Rajouri
05. Tufail Hussain
S/O Suba Khan
R/O Village Chatyar P/O Dalogra
Tehsil & District Rajouri
06. Shamim Akhter
W/O Tufail Hussain
R/O Village Chatyar P/O Dalogra
Tehsil & District Rajouri
Through: Ms. Nazia Fazal, AC vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(02.03.2026)
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01. The Petitioners claim that they, being major, have contracted marriage
out of their free will and are living as husband and wife, but are
apprehensive to be subjected to physical violence and harassment at the
hands of their relatives, as the Petitioners have contracted marriage
against their wishes. The Petitioners, therefore, seek protection and
security cover from the official Respondents.
02. Heard and perused the record.
03. Perusal of the record annexed with the Writ Petition reveals that the
Petitioners are major and have contracted marriage on 26.04.2025
according to their Personal Law, rites and customs.
04. 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. 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 concept of liberty has to be weighed and tested on the
touchstone of constitutional sensitivity, protection and values it stands
for.
05. It is the obligation of the Constitutional Courts as the sentinel on qui
vive to zealously guard the right to liberty of an individual, as the
dignified existence of an individual has an inseparable association with
liberty. Thus, 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.
06. 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
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the right and any infringement of the said right is a constitutional
violation.
07. Keeping in view the prayer made, this Writ Petition is disposed of with a
direction to the official Respondents to provide adequate protection on
assessment of threat perception, to the Petitioners and act in accordance
with the law laid down by the Hon’ble Supreme Court in cases titled
‘Lata Singh v. State of U. P., (2006) 5 SCC 475′ and ‘Shakti Vahini v.
Union of India & Ors., AIR 2018 SC 1601′, 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, and, if there is an FIR against any of the
Petitioner(s), the police concerned may go ahead with the investigation,
in accordance with law.
08. Needless to say, that the disposal of the instant Petition does not
authenticate the marriage of the Petitioners or their age/majority to enter
into marriage, which, however, is otherwise subject to fulfilment of
stipulations as envisaged under the prevalent laws.
09. Writ Petition is, thus, disposed of on the above terms, along with the
connected application(s).
(M A CHOWDHARY)
JUDGE
Jammu
02.03.2026
Tarun/P.S
Tarun Kumar Gupta
2026.03.02 21:45
I attest to the accuracy and
integrity of this document