Jabeena Akhter and Another v. Union Territory of J and K Th.Commissioner/Secretary (Home) and Others

ORDER

06.04.2026

¶1The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of their respective families.

¶2In support of their marriage having been solemnized out of their free will and volition, the petitioners have put on record a copy of Nikha-Nama dated 30.03.2026, copy of school Discharge Certificate issued by Headmaster, Government Middle School, Shanapora, Shangus of petitioner No.1 evidencing her date of birth which confirms the fact that the petitioner no. 1 is and was major at the time of solemnizing marriage with the petitioner no. 2.

¶3The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondents, who are carrying hard feelings against the petitioners for their act of marrying each other.

¶4Keeping in view the mandate and dictate of the Hon'ble Supreme Court as laid down in case of 'Lata Singh vs. State of UP & Anr.', reported as 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Government Administration and Police Authorities throughout the Country to see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with

a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of violence, and in case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats/harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law.

¶5This petition at its threshold is disposed of with a direction to the respondent No. 2 - Senior Superintendent of Police, Anantnag to ensure by issuing appropriate directions to the respondent No.3 - Station House Officer, Police Station, Uttresso, Anantnag that the petitioners, namely Jabeena Akhtar and Riyaz Ahmad are not subjected to any harassment/intimidation/threats at the hands of the private respondent Nos. 4 to 9 or any other person. Furthermore, in case the Police Station, Uttresso, Anantnag has registered any FIR at the instance of the private respondents against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out by the said Police Station.

¶6Disposed of as indicated above.

(M.A.CHOWDHARY) Judge Srinagar

06.04.2026 Muzammil. Q

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 663/2026 CM(1694/2026) 1. Jabeena Akhtar C/O Mohammad Yousuf Khan R/O Shanpora, Achabal, Anantnag. 2. Riyaz Ahmad S/O Mohammad Yousuf Gojar R/O Truk Mohalla, Chakipora, Achabal, Anantnag. ….Petitioner/Appellant(s) Through :- Mr. Khurshid Dar, Advocate. V/s 1. UNION TERRITORY of J&K Through Commissioner Secretary to Governmetn, Home Departmetn, Civil Secretarait, Jammu/Srinagar. 2. Senior Superintendent of Police, Anantnag. 3. Station House Officer, Police Station Uttresso, Anantnag. 4. Mohammad Yousuf Khan S/O Bulla Khan R/O Shanpora, Achabal, Anantnag. 5. Farid Khan S/O Bulla Khan R/O Shanpora, Achabal, Anantnag. 6. Shareef Khan S/O Bulla Khan R/O Shanpora, Achabal, Anantnag. ….Respondent(s) 7. Bashir Khan S/O Bulla Khan R/O Shanpora, Achabal, Anantnag. 8. Jangbaaz Khan S/O Bulla Khan R/O Shanpora, Achabal, Anantnag. 9. Akhtar Jan W/O Riyaz Ahmad Khan R/O Chakilpora, Achabal, Anantnag. Through :- Ms. Maha Majeed, Assisting counsel vice Mr.Mohsin Qadri, Sr.AAG. Coram: HON'BLE MR. JUSTICE M.A.CHOWDHARY, JUDGE