A Muslim couple in Jammu and Kashmir has received judicial protection after presenting an unusual form of evidence to confirm their marital rights. The High Court’s Srinagar Wing stepped in to safeguard the pair, citing their right to live peacefully as consenting adults.
The woman’s claim to adulthood was uniquely substantiated by a dental surgeon’s prescription, verifying her age as 45—a detail mirrored in her Aadhaar card. This unconventional proof helped quell allegations that the marriage lacked legal consent.
Justice Moksha Khajuria Kazmi emphasized the sanctity of individual choice, stating, “No entity, including law enforcement, holds the authority to disrupt the peaceful union of two consenting adults who have chosen to marry of their own volition.”
The couple, married under Shariat law, approached the court fearing threats from family and others opposed to their union. Their plea sought protection from interference and an assurance of safety.
The court’s directive unequivocally barred any interference, reinforcing the autonomy of consenting adults in marriage. “Having reviewed the evidence and heard the petitioners, it is clear they have acted of their own free will. Their married life is not subject to external intrusion,” the judgment concluded.
This case highlights the judiciary’s recognition of diverse forms of evidence while reaffirming the right to self-determined relationships in the face of societal opposition.
