Fancy Hassan and Another v. Union Territory of J and K and Others (Police / Home)

ORDER

10.07.2026

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

¶2To lend confirmation to the fact 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 19.05.2026.

¶3Along with the writ petition, the petitioner No. 1's Discharge/Character Certificate issued by the Headmaster, Govt. High School Kapran, Zone Verinag evidencing her date of birth is also annexed which confirms the fact that the petitioner no. 1 is and was major at the time of solemnizing marriage with the petitioner No. 2 who in turn is also major. Sr.No. 146 Suppl. List

¶4The petitioners are in hiding because they fear for their lives and physical safety. They apprehend that private respondents No.5 to 8, who are carrying hard feelings against the petitioners for their act of marrying each other against parental side approval may cause them harm.

¶3Keeping 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.

¶4Article 144 of the Constitution of India mandates all authorities, civil and judicial in the territory of India to act in aid of the Hon'ble Supreme Court. Bearing this constitutional sanction in perspective and the directions of the Hon'ble Supreme Court set into place, it is a matter of duty for the Police officials as well as officials of the concerned Civil administration, irrespective of hierarchical position, to ensure that marrying individuals, who are major and have chosen

to become husband and wife out of their free will and volition, do not live in fear or face harassment.

¶5This petition at the threshold is disposed of alongwith connected application with a direction to the respondent No.2-Senior Superintendent of Police (SSP), Kulgam to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer

(SHO), Police Station, D.H.Pora, Kulgam and respondent No.4-Station House Officer (SHO), Police Station, Dooru Anantnag that the petitioners, namely Fancy Hassan and Showkat Ahmad Bhat are not subjected to any harassment/intimidation/threats at the hands of the private respondents No. 5 to 8 or any other person acting for and on their behalf.

(Rahul Bharti) Judge Srinagar

10.07.2026 Muzammil. Q

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1601/2026 Fancy Hassan & Anr. ….Petitioner/Appellant(s) Through :- Mr. Aushaq Hussain Shah, Advocate. V/s UT of J&K & ors. ….Respondent(s) Through :- None. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE