Court Upholds Right to Marry by Choice and Emphasizes Duty of Authorities to Safeguard Life and Liberty
In a significant judgment delivered on October 23, 2026, the Jammu & Kashmir and Ladakh High Court underscored the fundamental right of adult individuals to marry a person of their choice and directed the police authorities to provide protection to a couple facing threats from a family member. The petitioners, Madiha Firdous and another, approached the High Court seeking police protection after allegedly receiving threats from respondent No. 6 following their marriage conducted under Muslim Personal Law.
The court observed that both petitioners are of majority age, confirmed by documentary evidence including a Central Board of Secondary Education age certificate and a Nikah Nama dated September 22, 2026. The court reiterated the principle laid down by the Supreme Court in Lata Singh v. State of U.P., (2006 (5) SCC 475), affirming that any person who has attained majority has the right to marry according to their own wishes in the absence of legal impediments. The court highlighted the role of the police and other authorities in protecting the life and liberty of such individuals when approached for assistance.
While the court refrained from commenting on the validity of the marriage itself, it directed the police (respondents 1 to 5) to provide adequate security to the petitioners if they approach the authorities with complaints of harassment or threats. The police were also instructed to ensure that no interference occurs in the married life of the petitioners. The court made it clear that any inquiry by the police should be based on available material and the consent of the parties, and protection should be extended if it is established that the marriage was contracted out of free will.
This judgment reinforces the constitutional protection under Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty, including the right to marry a person of one's choice. It sends a strong message against coercion or threats related to inter-personal relationships and marriage, emphasizing that authorities must act proactively to uphold these rights.
Bottom Line:
Right to marry a person of one's choice is protected under the law, and life and liberty of individuals who marry out of their free will must be safeguarded by the authorities.
Statutory provision(s):
Constitution of India, Article 21
Madiha Firdous v. Union Territory of J&K, (Jammu & Kashmir and Ladakh) : Law Finder Doc Id # 3017444
