INTHEHIGHCOURTOFJAMMU&KASHMIRANDLADAKH AT JAMMU WP(C) No.97/2025 Mohd. Zulafkar and another Through:- ….. Appellant/petitioner(s) Mr.Azmat Ullah Parihar,Advocate UT of J&K and others V/s Through:- Ms. Monika Kohli, Sr.AAG …..Respondent(s) CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 20.01.2024 1. Petitioners claim that they, being major, have contracted marriage according to Muslim rites, against the wishes of their relatives, out of their free will and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment by such relatives, therefore seeking protection and security cover from official respondents. 2. Heard and perused the record annexed with the writ petition. 3. When two adults consensually choose each other as life partners, it is manifestation of their choice that is recognized under Articles 19 and 21 of the Constitution. Such right has sanction of constitutional law and once that is recognized, 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 Regularlist Serial No.55 of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for. 4. Keeping in view the prayer made, the instant writ petition is disposed of with a direction to official respondents to provide adequate security cover to petitioners and act in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India and others AIR 2018 SC 1601, subject to the condition that official respondents will check and see as to whether parties have solemnized marriage in accordance with prevalent laws, and if there is an FIR against any of the petitioner(s), the police may go ahead with the investigation under rules. 5. Disposed of along with connected CM. (MOKSHAKHAJURIAKAZMI) JUDGE JAMMU 20.01.2024 Vinod. Vinod Kumar 2025.01.20 21:52 I attest to the accuracy and integrity of this document