Challenger Bears the Burden to Disprove the Marriage of a Cohabiting Couple: Jammu and Kashmir High Court

In a significant ruling, the Jammu and Kashmir High Court recently held that when a couple asserts they are married, the burden of proof lies with the party challenging their marital status. This decision was made in the case of Maria Rashid and Anr v. Union Territory of J&K.

Key Observations by the Court

A Division Bench of Justices Atul Sreedharan and Puneet Gupta stated that if two individuals are living together and claim to be married, it is the responsibility of the person contesting their marriage to prove that no such marriage exists. The Court emphasized:

“If two people are living together and they say that they are married, then it is for the person who asserts to the contrary to establish that they are not.”

Background of the Case

The case came before the High Court as an appeal against a single judge’s order that had rejected the couple’s request for police protection. The single judge, Justice Javed Iqbal Wani, had denied the plea, citing doubts regarding the authenticity of the marriage ceremony. The couple claimed they were facing threats from individuals opposed to their relationship.

Single Judge’s Ruling and Appeal

On February 21, 2025, Justice Wani had refused to grant police protection to the couple, pointing out inconsistencies and contradictions about the occurrence of the marriage. In response, the couple appealed the decision to the Division Bench.

Court’s Ruling on Police Protection

While the Division Bench recognized the importance of police protection, it found that the couple’s petition lacked specific details about the threats they claimed to face. The Court noted the absence of material particulars such as the names of those issuing threats, the dates, and the modes of threats. Consequently, the Court refrained from issuing a direct order for police security.

Instead, the Court directed the Rambagh Police to engage with the couple, record their statements, and provide protection if they found the threats to be credible. The Court’s March 3, 2025 order stated:

“This appeal can be disposed of with a request to In-charge Women Cell Police Station, Rambagh, to call the appellants, record their statements and thereafter if the police forms an opinion that there is any threat to the appellants, it is for the police to provide such security as it deems appropriate if such threat exists.”