Jammu & Kashmir High Court – Srinagar Bench
Kamrun Nisa And Anr vs Union Territory Of J&K And Others on 19 June, 2025
Suppl 81
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1460/2025
Kamrun Nisa and anr ...Petitioner(s)
Through: Mr Abid Zahoor, adv.
VS.
Union Territory of J&K and Others. ...Respondent(s)
Through: Mrs. Wasim Gul, DAG
CORAM:
Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.
ORDER
19.06.2025
01. Petitioners are also present in person.
02. Through 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:
(i) “Mandamus, commanding the official respondents
2 to 4 to provide adequate security to the
petitioners who have solemnized marriage contrary
to the wishes of respondents 5 and 6 and their
relatives.
(ii) Commanding the respondents 2 to 4 to ensure that
no harassment is caused to the petitioners at the
behest of respondents 5 & 6 and their relatives.
(iii) Commanding the respondents 5 & 6 and their
relatives not to interfere in the marital life of the
petitioners who have solemnized marriage as per
the Muslim Law, rites and customs out of their free
consent.”
03. It 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 17th June, 2025 and a photocopy of
“Nikah Nama” evidencing the “Nikah Ceremony’ stands
enclosed with the 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 who
decided to leave her parental home. That they are in deep love
with each other and both are of sound mind capable of taking a
rational decision. That they apprehend that private respondents 5
& 6 who happen to be brothers of the petitioner No.1, may lodge
a false and frivolous complaint before the police concerned to get
an FIR registered against the petitioner No.2.
04. The statements of the petitioners be recorded by the
Registrar Judicial of this Court in attestation of the petition.
05. The petitioners appear to be major as per the copies of
documents i.e school leaving certificates, adhaar cards enclosed
with the petition.
06. It 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.
07. In the facts and circumstances of the case, this court is of the
opinion that instant matter can be disposed of at this threshold
stage by passing appropriate orders in accordance with the law.
08. Accordingly the instant petition is disposed of with the
following directions:
i) The official respondents 2 & 4 shall ensure that no
unjustified harassment is being caused to the petitioners
and they shall be provided protection as and when asked
for the same;
ii) The respondents 5 & 6 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.
09. However, 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.
10. Disposed of along with connected CM.
(Mohd. Yousuf Wani)
Judge
srinagar:
19.06.2025
“Ayaz”
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