KULSUM BANO Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioners claim that they, being major, have contracted marriage out of their free will and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment at hands of their relatives, as petitioners have contracted marriage against their wishes. Petitioners, therefore, seek protection and security cover from respondents.

(2.) Heard and perused the file. Perusal of record annexed with writ petition reveals that petitioners are major and have contracted marriage according to Muslim Personal Law, rites and customs.

(3.) When two adults consensually choose each other as life partners, it is 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, 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.