Nazma Begum and Another v. Ut of J and K Th Commissioner Cum Secretary Home Deptt and Others

ORDER

30.05.2025

¶01Petitioners are present in person too.

¶02Through the medium of the instant petition, filed under Article 226 of the Constitution of India, the petitioners seek issuance of writs/directions in the nature of:

(a) "Mandamus, commanding the official respondents 1 to 3 to provide protection to the petitioners as both the petitioners are under constant threat of life from respondents 4 to 8.

(b) Mandamus commanding the respondents 4 to 8 not to harass the petitioners being legally wedded husband and wife or any member of the family or relative of the petitioner No.1.

(c) Mandamus commanding the respondents 4 to 8 to allow the petitioners to lead their matrimonial life peacefully and without there being any interference of the respondents."

¶03It is the case of the petitioners that they being major have contracted marriage out of their own free will and choice in accordance with their Personal Law. That they have already performed "Nikah Ceremony" in accordance with the Personal Law guaranteeing them on 27th May, 2025 and photocopy of "Nikah Nama" evidencing the "Nikah Ceremony' stands already executed forming annexure-III to their petition. That the family of the petitioner No.1 has always remained against the relationship of the petitioners even prior to their marriage as a result of which the petitioner No.1 was subjected to great mental torture and agony. That petitioner No.1 chose to leave the parental home against the wishes of respondents 4 to 8 to live with the petitioner No.2 being her husband. That petitioners also apprehend that private respondents may lodge a false and frivolous complaint before the police concerned to get an FIR registered against the petitioner No.2.

¶04The petitioners have placed on record the scanned copies of their Date of Birth Certificates as also of the alleged "Nikah Nama". Perusal of the copies of the Date of Birth Certificates reveals that the Date of Birth of the petitioner No.1 Nazma Begum is 6th May, 2005, while as that of petitioner No.2 is 5th April, 1998.

¶05It is submitted by the learned counsel for the petitioners that since the petitioners being major have contracted marriage out of their own free will and choice, as such the instant writ petition be disposed of at this thresh-hold stage in view of the law laid down by the Hon'ble Supreme Court of India in case "Lata Singh vs. State of UP and ors (2006) 5 SCC 475";and "Arumugam Servia v. State of Tamil Nadu (2011) 6 SCC 405" decided on 19th April 2011, by passing the appropriate directions upon the respondents to safe guard the life and liberty of the petitioners, to prevent any sort of undue harassment to them, and also interference with their matrimonial life.

¶06In the facts and circumstances of the case, this court is of the opinion that the instant matter can be disposed of at this threshold stage by passing an appropriate orders in accordance with the law.

¶07Accordingly the instant petition is disposed of at this thresh hold stage with the following directions:

i) The official respondents 1 to 3 shall ensure that no unjustified harassment is being caused to the petitioners and they shall be provided the protection as and when asked for the same;

ii) The respondents 4 to 8 shall also desist from causing any illegal and unjustified harassment to the petitioners, so that their right to life and personal liberty is not interfered with.

¶07However, in view of the ratio decidendi of the law laid down by the Hon'ble Supreme Court of India in Doly Rani Vs. Manish Kumar Chanchal [ 2024 Live Law (SC) 334 =2024 SCC Online SC 754] decided on 19.04.2024, this order shall not be construed as any opinion of this Court regarding the validity of marriage as per Personal Law guaranteeing the parties.

¶08Disposed of along with connected CM.

(Mohd. Yousuf Wani)

Judge

JAMMU:

30.05.2025 "Ayaz"

Sr. no. 104 SUPPLEMENTARY CAUSELIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) 1380/2025 Nazma Begum & Anr. …Petitioner(s) Through: Mr. Akeel Wani, adv. VS. Union Territory of J&K and Others. ...Respondent(s) Through: Ms. Monika Kohli, Sr. AAG CORAM: Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.