Arfata Rashid And Another vs Union Territory Of J And K And on 23 January, 2025

Jammu & Kashmir High Court – Srinagar Bench

Arfata Rashid And Another vs Union Territory Of J And K And on 23 January, 2025

                                                             Serial No.51
                                                            Supp. Cause list
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR
                            WP (C) No. 125/2025
                             CM No. 260/2025
Arfata Rashid and Another                                   ...Petitioner(s)


Through: Mr. Junaid, Advocate
                                     Vs.

UNION TERRITORY OF J AND K AND                            ...Respondent(s)
ORS.

Through:
 CORAM:
           HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
                                  ORDER

23.01.2025

1. The petitioners claim to be major having solemnized their marriage in

accordance with the Shariat Law as per their own will and volition. It

is submitted that Nikah Nama was executed on 29.11.2024 in presence

of witnesses. The petitioners submit that they apprehend interference

from the respondents. With a view to substantiate their claim that the

petitioner No. 01 is major, reliance is placed on the copy of Date of

Birth certificate issued by the Office of the Headmaster Govt. Girls

High School, Chowgam, Kulgam, which indicates the date of birth of

petitioner as 27.03.1990.

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. Having heard learned counsel for petitioners and after perusing the

material placed on record, prima facie it appears that petitioner No. 01 is

a major and has solemnized her marriage with petitioner No. 02 out of her

own will and volition. Both the petitioners are before this Court and have

made a statement that they have solemnized their marriage out of their

own will and volition and that they are still together as husband and wife.

4. In view of the above, the present petition is disposed of with a

direction to the respondents to protect life and liberty of the petitioners. It

is, however, made clear that this Court has not observed anything

regarding the validity or otherwise of the date of birth certificates or the

documents annexed with the petition and respondents shall be at liberty to

proceed with the investigation of FIR, if any registered pertaining to the

present case.

(RAJESH SEKHRI)
JUDGE
SRINAGAR:

23.01.2025
“ARIF”