Major Woman’s Choice Of Life Partner Cannot Be Overridden By Parents: J&K High Court [Read Order]

Srinagar: The High Court of Jammu & Kashmir and Ladakh has allowed a Letters Patent Appeal and the underlying writ petition, directing police authorities to protect a young woman and her chosen partner and to ensure that her “voluntary will” is respected despite her parents' opposition to the relationship.

A Bench of Chief Justice Dr. Pushpendra Singh Bhati and Justice M.A. Chowdhary, was examining a challenge to a series of orders of the Single Judge that had imposed restrictions on the appellant's movement, residence and association, including repeated production before the Court and parental or police supervision.

The Court noted that a Class 10th certificate issued by the Jammu and Kashmir State Board of School Education showed the date of birth of Appellant No. 1 as 06.04.2008, confirming that she was a major, a fact the Single Judge had itself observed in an earlier order.

When called before the Court, the appellant “confidently submitted that she wants to go with petitioner No. 2” and sought protection to exercise her voluntary will, stating that she had tried unsuccessfully to persuade her parents.

Even counsel for the Union Territory conceded that the certificate “clearly demonstrates that petitioner No. 1 is a major,” submitting that her wishes had to be protected and that her liberty and protection had “become her right.”

Relying at length on a judgment of the Rajasthan High Court in Leela v. State of Rajasthan, the Court invoked the constitutional principles laid down by the Supreme Court in Navtej Singh Johar v. Union of India, Shafin Jahan v. Asokan K.M., K.S. Puttaswamy v. Union of India and Joseph Shine v. Union of India, holding that “constitutional morality has to have an overriding impact upon societal morality” and that the choice of a partner lies “exclusively with the individuals themselves.”

Observing that the appellant had already spent considerable time in her parents' custody since 29.07.2026 and remained firm in her decision, without any indication of pressure, the Court held that “there is no pressure upon petitioner No. 1 to depose as per her will.”

Allowing both the appeal and the writ petition, the Court directed the State police authorities to provide appropriate protection to the appellants and to ensure that the voluntary will of Appellant No. 1 “prevails and remains protected.”

Appearances: Mr. Mir Umar, Advocate, appeared for the petitioners/appellants. Mr. Mohsin Qadri, Senior AAG, along with Ms. Maha Majeed, Assisting Counsel, appeared for the respondents.

Case Title: Nusrat Jan and Another vs. Union Territory of J&K (Home) and Others

[Read Order]