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Major Adults Entitled To Marry As Per Their Choice; Police Duty-Bound To Protect Their Life And Liberty If Approached: J&K&L High Court

KanoonHQ Legal Gazette · AI-generated brief from the source linked below. How briefs are made
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Case
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Citation
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Statutes
  • Constitution of India
Source
LiveLaw
Bottom Line Up Front (BLUF)

The Jammu & Kashmir and Ladakh High Court held that major adults have the right to marry a person of their choice. The Court stated that if such individuals approach the police for protection of their life and liberty, the police are duty-bound to provide it, upholding the fundamental rights under the Constitution.

Ratio Decidendi · Legal Principle Established

Major adults have the fundamental right to marry a person of their choice, and law enforcement agencies are obligated to protect their life and liberty if they seek assistance.

Practice & Procedural Impact for Advocates

Advocates representing major adults seeking to marry against family wishes can advise clients to directly approach the police for protection. Litigants facing threats due to their choice of marriage can seek police intervention, citing this ruling.

Key Legal Takeaways

  • 1Major adults possess the right to choose their marital partner.
  • 2Police have a duty to protect the life and liberty of major adults who marry as per their choice.
  • 3This right is rooted in constitutional guarantees of life and personal liberty.

The Legal Issue The Jammu & Kashmir and Ladakh High Court addressed the issue of the right of major adults to marry a person of their choice and the corresponding duty of the police to protect them. The Court considered situations where adults, having attained the age of majority, choose to marry against the wishes of their families and subsequently face threats to their life and liberty.

Court's Reasoning The Court reiterated the well-established principle that every major adult has the right to marry a person of their choice. This right is an intrinsic part of the fundamental rights guaranteed under the Constitution of India, particularly the right to life and personal liberty. The Court emphasized that this constitutional guarantee extends to protecting individuals from interference in their personal decisions, including marriage. Consequently, the Court held that if major adults, who have exercised their right to marry as per their choice, approach the police seeking protection for their life and liberty, the police are under a legal obligation to provide such protection. The police cannot refuse assistance on the grounds of family disapproval or other social pressures.

What Follows The ruling implies that police authorities within the jurisdiction of the Jammu & Kashmir and Ladakh High Court must act promptly and effectively to protect major adults who seek their help after marrying a person of their choice. This includes registering complaints, investigating threats, and taking necessary measures to ensure the safety and security of such individuals. The decision reinforces the state's responsibility to uphold fundamental rights against societal pressures.

Read the LiveLaw report