Shamim Akhter and Another v. Ut of J and K Th Director General of Police, Jammu and Others

ORDER (06.02.2026)

¶01Through the medium of the instant petition, the petitioners seek a direction upon respondent Nos. 2 & 3 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 4 to 8. It is submitted that the petitioners are major and have married out of their own free will. Copy of Nikah Nama dated 18.01.2026 and proof of petitioners' dates of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 4 to 8, as such, they are facing harassment at their hands.

¶02Learned counsel for the petitioners refers to the decision of the Supreme Court in 'Lata Singh v. State of U.P and anr', 2006 (5) SCC 475, and submits that in the absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.

¶03Perusal of the documents annexed with the writ petition, prima facie, reveals that the petitioners are of the age of majority who have contracted the marriage according to Muslim Law, rites and customs. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.

¶04Keeping in view the relief sought for, this petition is disposed of, at this

stage itself, by providing that respondent Nos.2 & 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of the marriage of the parties, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.

¶05The writ petition is 'disposed of'.

(M A CHOWDHARY) JUDGE

Jammu

06.02.2026 Renu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 198/2026 CM No. 472/2026 01. Shamim Akhter W/O Khadam Hussain D/O Mohd Ashrif. 02. Khadam Hussain S/O Sh. Munir Hussain Both residents of Village Thiloo, Tehsil Thuroo, District Reasi. …..Appellant(s)/Petitioner(s) Through: Mr. Umar Shakeel, Advocate. vs 01. U.T of Jammu & Kashmir Through Director General of Police, J&K Gulshan Ground, Gandhi Nagar, Jammu. 02. The Senior Superintendent of Police (SSP), Reasi. 03. The Station House Officer, Police Station, Arnas, Reasi. 04. Mohd Ashraf S/O Late Ghulam Hussain. 05. Shabra Bani W/O Mohd Ashraf. 06. Maneer Hussain S/O Late Ghulam Hussain. 07. Razia Bano W/O Maneer Hussain. 08. Mohd Qasim S/O Late Noor Mohd. All residents of Village Thiloo, Tehsil Thuroo & District Reasi. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Serial No. 168 CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE