Arifa Bano & Anr vs Union Territory Of J&K And Others on 30 April, 2025

Jammu & Kashmir High Court – Srinagar Bench

Arifa Bano & Anr vs Union Territory Of J&K And Others on 30 April, 2025

                                                Serial No. 181
                                          SUPPLEMENTARY CAUSE LIST-II

  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                 AT SRINAGAR

                      WP(C) 855/2025
                      CM(2235/2025)

Arifa Bano & Anr.                                ...Petitioner(s)

Through: Mr. Zahid Iqbal, Advocate.



                              Vs.

Union Territory of J&K and Others.            ...Respondent(s)

Through:


CORAM:

           Hon'ble Mr. Justice Wasim Sadiq Nargal, Judge.

                            ORDER

30.04.2025

01. The petitioners through the medium of the instant

petition seek a direction to the official respondents to provide

them the police protection as they apprehend danger to their

lives from private respondents. The petitioners are major,

however, they have pleaded in the writ petition that both of

them are divorcees and to the extent, this Court vide order

dated 21st April, 2024 directed the petitioner No. 2 to place on

record a mutual divorce document, which has been referred

in Para 7 of the writ petition.

02. Today, when the instant writ petition was taken up

for consideration, the learned counsel for the petitioners in
compliance to the order supra, produced a copy of the divorce

deed, which has perused and made part of the record.

03. It is submitted by the learned counsel that the

petitioners are major and out of their free will, they got

married. Copy of Nikahnama has been placed on record. The

petitioners submit that since they have contracted the

marriage against the wishes of the private respondents, as

such, they are facing harassment at their hands.

04. Learned 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

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.

05. Any person having attained the age of majority is

entitled to contract the marriage as per his/her wishes and

the police department is duty bound to protect the life and

liberty, if approached. However, it appears that the petitioners

have not ever approached the official respondents for their

indulgence in the matter for providing protection to them.

06. In this view of the matter, this petition is disposed

of, at this stage, by providing that the official respondents

shall look into the grievance of the petitioners for providing

them adequate security and to ensure that nobody interferes
in their married life, if they approach them. It is made clear

that no opinion has been expressed with regard to the validity

of their marriage.

07. The writ petition is, accordingly, disposed of.

(Wasim Sadiq Nargal)
Judge
SRINAGAR:

30.04.2025
“HAMID”

Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document

30.04.2025