Jammu & Kashmir High Court
Vishali Devi vs U.T Of J&K Through on 1 April, 2026
Serial No. 125
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C ) No. 762/2026
CM No. 1715/2026
01. Vishali Devi, Age 25 years
D/O Ashok Kumar
W/O Pankaj
R/O Chak Malal,
PO: Khour, District Jammu.
At present House No. 39, Ward No. 4,
Harijan Basti, Tehsil Haveli,
District Poonch.
02. Pankaj, Age 24 years
S/O Chandan
R/O House No. 39, Ward No. 4,
Harijan Basti, Tehsil Haveli,
District Poonch. .....Appellant(s)/Petitioner(s)
Through: Mr. Nitesh Sharma, Adv. Vice
Mr. Anuj Malhotra, Adv.
VS
01. U.T of J&K through
Principal Secretary (Home),
Civil Secretariat, Jammu/Srinagar.
02. The Senior Superintendent of Police,
District Jammu.
03. Station House Officer,
Police Station Khour, District Jammu.
04. Ashok Kumar S/O Khakhru Ram
05. Raj Kumari W/O Ashok Kumar
06. Sumit Kumar S/O Ashok Kumar
Residents of Village Chak Malal,
PO: Khour, District Jammu
..... Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
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CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(01.04.2026)
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
17.03.2026, 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.
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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 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
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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
01.04.2026.
Renu
Renu Bala
2026.04.01 14:45
I attest to the accuracy and
integrity of this document
