Ruhee Jan and Another v. Ut of J and K Th Commissioner Secretary to Government Home Affairs Department Jammu and Others

ORDER

30.12.2024

The 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. To 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 05.11.2021. Sr. No. 146

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Along with the writ petition, the petitioner no. 1's 10th Class Diploma 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.

The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent Nos. 4 to 6 who are reportedly carrying hard feelings against the petitioners for their act of marrying each other without parental approval.

Keeping 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 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

Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory of India to act in aid

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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.

This petition at the threshold is disposed of with a direction to the respondent No. 2-Superintendent of Police (SP), Baramulla to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer, Baramulla that the petitioners, namely Ruhee Jan and Ajaz Ahmad Akhoon are not subjected to any harassment/intimidation/threats at the hands of the respondent Nos. 4 to 6 or any other person acting at the behest and/or on behalf of the respondent Nos. 4 to 6.

Disposed of.

(Rahul Bharti) Judge JAMMU

30.12.2024 Shivalee

Whether the order is speaking:

Whether the order is reportable:

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 3074/2024 CM No. 7619/2024 1. Ruhee Jan, Age 25 years D/o Bashir Ahmad Dar, W/o Ajaz Ahmad Akhoon, R/o Sadat Pora (Naid Khi), Bandipora, Kashmir, A/p Lane No. 1, Noor Colony, Chowhadi, Jammu. 2. Ajaz Ahmad Akhoon, Age 40 years S/o Hassan Akhoon, R/o Khanpora, Baramulla, Kashmir, A/p Lane No. 1, Noor Colony, Chowhadi, Jammu. ….Petitioner/Appellant(s) Through :- Mr. Mehrukh Syedan, Advocate. V/s 1. U. T of Jammu and Kashmir through its Commissioner/Secretary, Department of Home Affairs, Civil Secretariat, Jammu. 2. Superintendent of Police, Baramulla. 3. Station House Officer, Baramulla. 4. Nazir Ahmad, S/o Khazir Mohd. Dar 5. Khursheed Ahmad Dar, S/o Bashir Ahmad Dar. 6. Ghulam Nabi Dar, S/o Abdul Rehman Dar. All residents of Sadat Pora (Naid Khi), Bandipora,Kashmir. ….Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE