Razia Begum and Another v. Ut of J and K Th Commissioner Secretary to Government Home Department Jammu and Others

ORDER

29.04.2025

¶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.

¶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 Nikahnama dated 10.03.2025.

¶3Along with the writ petition, the petitioner No. 1's Aadhar Card No. 3579 4698 1351 evidencing her date of birth to be

21.02.2005 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.

¶4The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent Nos. 4 to 8 who are said to be carrying hard feelings against the petitioners for their act of marrying each other against parental wishes.

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

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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.

¶6Article 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 of India 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 are not to fear anybody causing any harm to their life and limb.

¶7This petition, thus, at the threshold is disposed of with a direction to the respondent No. 2-Superintendent of Police

(SSP), Udhampur to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer (SHO), Police Station Tikri, Udhampur that the petitioners, namely Razia Begum and Shokat Ali are not subjected to any

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harassment/intimidation/threats at the hands of the respondent Nos. 4 to 8 or any other person/s acting at the behest and/or on behalf of the respondent Nos. 4 to 8. Further more, in case the Police Station Tikri, Udhampur has registered any FIR at the instance of the respondent Nos. 4 to 8 against the petitioners or either of the two petitioners, then also no arrest of the petitioners shall be carried out by the Police Station Tikri, Udhampur.

(Rahul Bharti) Judge JAMMU

29.04.2025 Naresh/Secy.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 912/2025 1. Razia Begum age 19 years, W/o Shoket Ali, D/o Barkat Ali, R/o Panjar District Udhampur, A/p Jadsar Kote, Samore Jangalgali, Udhampur. 2. Shokat Ali age 26 years, S/o Mohd. Shafi, R/o Jadsar Kote, Samore Jangalgali, Udhampur. ….Petitioner/Appellant(s) Through :- Mr. Bodh Raj Rao, Advocate. V/s 1. UT of Jammmu & Kashmir Through Commissioner/Secretary, Department of Home Affairs, Civil Secretariat, Jammu. 2. Superintendent of Police, Udhampur. 3. Station House Officer, Tikri, Udhampur. 4. Jhang Ali S/o Alam Din. 5. Rehmat Ali S/o Alam Din. 6. Barkat Ali S/o Alam Din All residents of Kasuri Panjar, District Udhampur. 7. Feeka S/o Shukra R/o Mutal, Tehsil and District Udhampur. 8. Saleem S/o Mammu R/o Samole, District Udhampur. ….Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE Sr. No. 12 2 WP(C) No. 912/2025