Shahida Kosser and Another v. Ut of J and K Th Commissioner Secretary to Government Home Department, Jammu and Others

ORDER (06.03.2026)

¶01The Petitioners claim that they, being major, have contracted marriage out of their free will and are living as husband and wife, but are Sr. No. 221

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.

¶02Heard and perused the record.

¶03Perusal of the record annexed with the Writ Petition reveals that the Petitioners are major and have contracted marriage on 05.03.2026 according to their Personal Law, rites and customs.

¶04When 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.

¶05It 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.

¶06When 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.

¶07Keeping 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.

¶08Needless 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.

¶09Writ Petition is, thus, disposed of on the above terms, along with the connected application(s). (M A CHOWDHARY) JUDGE

Jammu

06.03.2026 Surinder

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 573/2026 CM No.1340/2026 01. Shahida Kosser (24 yrs) W/O Shahrome Ahmed D/O Mohd. Bashir 02. Shahrome Ahmed (22Yyrs) S/O Mohd. Rashid Both residents of Village Naka Manjhari, Tehsil Mendhar, Poonch. …..Appellant(s)/Petitioner(s) Through: Mr. Waseem Akram Mir, Advocate vs 01. Union Territory of J&K, Through Principal Secretary, Home Dep., Civil Sectt., Jammu 02. The Senior Superintendent of Police, Poonch. 03. The SHO, Police Station, Gursai/Harni, Poonch. 04. Mohd. Bashir S/O Choudhary Kaka 05. Mohd. Kabir S/O Choudhary Kaka. 06. Naseem Akhter W/O Mohd. Bashir 07. Mohd. Yusaf S/O Choudhary Kaka 08. Mohd. Nazir S/O Choudhary Kaka 09. Mazhar Bashir S/O Mohd. Bashir. All residents of Dhargloon, Balakote Poonch .…. Respondent(s) Through: Ms. Nazia Fazal, AC vice Mrs. Monika Kohli, Sr. AAG CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE