In a significant ruling, the Jammu & Kashmir and Ladakh High Court has granted protection to a Muslim couple who feared threats from their relatives after their marriage. The couple had sought the Court’s intervention, apprehensive about potential harm to their lives due to their union, which they had solemnized voluntarily in accordance with Shariat law.
The couple’s counsel presented documents to confirm that the woman, Shakila, was of legal age, including a dentist’s prescription certifying her to be 45 years old and a copy of her Aadhaar card. The Court accepted these documents as evidence to substantiate the claim of her being a major.
Justice Moksha Khajuria Kazmi, presiding over the matter, remarked, “This petition is disposed of by providing that none of the respondents including the police shall interfere or cause any interference in the married life of the petitioners.” The Court emphasized that since both individuals are of legal age and have entered into the marriage willingly, they have the right to live peacefully without any external interference.
In her judgment, Justice Kazmi underscored the importance of individual choice in marriage, stating, “Both the petitioners are before this Court and have made a statement that they have solemnized their marriage out of their own will and volition and that they are still together as husband and wife. If that be the position, nobody including the police has a right to interfere in their peaceful married life.”
The couple had approached the Court with a clear plea for protection, given the threats they feared from their families. The Court’s ruling effectively ensures that their marital privacy and safety are upheld, confirming their right to live as a married couple free from any form of harassment or intimidation.
Case: Shakila and another vs Union Territory of J&K and Ors – Available on LAWFYI.IO
