Mohd. Zulafkar And Another vs Ut Of J&K And Others on 20 January, 2025

Jammu & Kashmir High Court

Mohd. Zulafkar And Another vs Ut Of J&K And Others on 20 January, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                              Serial No.55
                                                              Regularlist
        INTHEHIGHCOURTOFJAMMU&KASHMIRANDLADAKH AT
                        JAMMU

                                   WP(C) No.97/2025
Mohd. Zulafkar and another
                                                     ..... Appellant/petitioner(s)
                                  Through:-
                        Mr.Azmat Ullah Parihar,Advocate

                                                     V/s
UT of J&K and others
                                                             .....Respondent(s)

Through:-

Ms. Monika Kohli, Sr.AAG

CORAM:

HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
20.01.2024

1. Petitioners claim that they, being major, have contracted marriage

according to Muslim rites, against the wishes of their relatives, out of their

free will and are living as husband and wife, but are apprehensive to be

subjected to physical violence and harassment by such relatives, therefore

seeking protection and security cover from official respondents.

2. Heard and perused the record annexed with the writ petition.

3. When two adults consensually choose each other as life partners, it is

manifestation of their choice that is recognized under Articles 19 and 21 of

the Constitution. Such right has sanction of constitutional law and once that

is recognized, said right needs to be protected and it cannot succumb to

conception of class honour or group thinking. Consent of family or

community or clan is not necessary once two adult individuals agree to enter

into wedlock and their consent has to be piously given primacy.The concept
of liberty has to be weighed and tested on the touchstone of constitutional

sensitivity, protection and values it stands for.

4. Keeping in view the prayer made, the instant writ petition is disposed

of with a direction to official respondents to provide adequate security cover

to petitioners and act in accordance with the law laid down by the Supreme

Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini

v. Union of India and others AIR 2018 SC 1601, subject to the condition

that official respondents will check and see as to whether parties have

solemnized marriage in accordance with prevalent laws, and if there is an

FIR against any of the petitioner(s), the police may go ahead with the

investigation under rules.

5. Disposed of along with connected CM.

(MOKSHAKHAJURIAKAZMI)
JUDGE
JAMMU
20.01.2024
Vinod.

Vinod Kumar
2025.01.20 21:52
I attest to the accuracy and
integrity of this document