Jammu & Kashmir High Court – Srinagar Bench
Asmat Jan And Anr vs Union Territory Of J And K (Home) And Ors on 1 July, 2025
Serial No. 160
Supp. cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
...
WP(C) 1507/2025
CM(3860/2025)
ASMAT JAN AND ANR.
.........Petitioner(s)
Through:
Mr. Aaqib Sofi, Adv.
Versus
UNION TERRITORY OF J AND K (HOME) AND ORS.
.......Respondent(s)
Through:
Ms. Nadiya Abdullah, Adv. vice Mr. Mohsin Qadiri, Sr. AAG.
CORAM:
HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
01.07.2025
1. The petitioners seek a direction to official respondents to provide them
the police protection as they apprehend danger to their lives from
respondents 5 and 6. It is submitted that the petitioners are major and
out of their free will they got married. Copy of Nikahnama has been
placed on record. They submit that since they have contracted the
marriage against the wishes of respondents 5 and 6, as such, they are
facing harassment at their hands. Petitioner no. 1 in support of her date
of birth has placed on record Date of Birth certificate issued by the
Jammu & Kashmir Board of School Education.
2. 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.
3. 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.
4. 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.
5. The writ petition is, accordingly, disposed of.
(WASIM SADIQ NARGAL)
JUDGE
Srinagar
01.07.2025
“SAKEENA-PS”