'Choice Is Dignity': J&K High Court Grants Protection To Couple Facing Threats From Relatives Over Marriage

Last Updated:February 13, 2026, 18:03 IST

The court noted that the freedom to choose a spouse is protected under Articles 19 (Freedom of Speech) and 21 (Protection of Life and Personal Liberty) of the Constitution.

The Jammu and Kashmir and Ladakh High Court granted protection to a couple who married against the wishes of their families, emphasising that obstructing an individual’s right to choose a life partner would strike at the “core of dignity." Justice M A Chowdhary, hearing the couple’s plea on February 9, observed that “if the right to express one’s own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness."

The petitioners, both adults, married in August 2024 under Muslim Personal Law rites and customs. The court noted that the freedom to choose a spouse is protected under Articles 19 (Freedom of Speech) and 21 (Protection of Life and Personal Liberty) of the Constitution.

The judges stressed that the consent of family, community or clan is not necessary once two adults freely agree to marry.

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“The choice of an individual is an integral part of dignity since dignity cannot be considered where there is erosion of choice," the court added.

The court underlined that liberty, choice and dignity are inseparable and any interference in consensual adult marriages constitutes a “constitutional violation."

Advocate Nazia Fazal, representing the couple, submitted that the petitioners feared physical violence and harassment from relatives due to their marriage. The court granted protection and security cover, acknowledging the couple’s apprehensions.

The court’s ruling aligns with earlier cases across India, including the Punjab and Haryana High Court, which granted protection to couples in live-in relationships facing threats from family members. Those rulings emphasised that the state is obligated to protect life and liberty regardless of formal marriage, placing fundamental rights on a “high pedestal."

News india 'Choice Is Dignity': J&K High Court Grants Protection To Couple Facing Threats From Relatives Over Marriage

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