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

ORDER (09.07.2025) Serial No. 133

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¶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 notarized marriage agreement dated

29.01.2025.

¶3Along with the writ petition, the petitioner no. 1's 10th class marks card evidencing her date of birth as on 02.02.2003 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 respondents No. 3 and 4 who are carrying hard feelings against the petitioners for their act of marrying each other.

¶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 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

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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 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, at the threshold, is disposed of with a direction to the respondent No. 2-Incharge Police Post Sathera, (falling under the jurisdiction of Police Station Mandi, District Poonch) to ensure that the petitioners, namely, Mubeena Kousar and Mohd. Rizwan are not subjected to any harassment/intimidation/threats at the hands of the respondents No. 3 and 4 or any other person acting at the behest and/or on behalf of the respondents No. 3 and 4. Further more in case the

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Incharge Police Post Sathera (falling under the jurisdiction of Police Station Mandi, District Poonch) or any other Police Station has registered any FIR at the instance of the respondents No. 3 and 4 against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out or facilitated by the Incharge Police Post Sathera (falling under the jurisdiction of Police Station Mandi, District Poonch).

¶8Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

09.07.2025

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1747/2025 1. Mubeena Kousar, age 22 years W/o Mohd. Rizwan D/o Mohd. Rafiq R/o Ward No. 08, Village Kallar Kattal, Tehsil Surankot, District Poonch 185121 2. Mohd. Rizwan, age 24 years, S/o Mohd. Aslam, R/o Ward No. 08, Village Kallar Kattal, Tehsil Surankot, District Poonch 185121 ….Petitioner(s) Through: Mr. Ajay Gandotra, Advocate Vs 1. Union Territory of Jammu and Kashmir Through Principal Secretary, Home Civil Secretariat, Srinagar/Jammu 2. Incharge Police Post Sathera, Falling under the jurisdiction of Police Station Mandi, District Poonch 3. Mohd. Rafiq S/o Mohd. Sharif, R/o Village Sathera, Tehsil Mandi, District Poonch 4. Parveen Akhter W/o Sh. Mohd. Rafiq, R/o village Sathera, Tehsil Mandi, District Poonch .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE