Jammu & Kashmir High Court – Srinagar Bench
Hoorain Gazi @Mamt A & Anr vs Ut Of Jk And Ors on 7 August, 2025
Sr. No. 90
Supp. List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) 1885/2025
CM 4961/2025
HOORAIN GAZI @MAMT A & ANR. ...Petitioner(s)/appellant(s)
Through: Mr. Sami Sabir Lone, Advocate
Vs.
UT OF JK AND ORS ...Respondent(s)
Through: Mr. Mohsin Qadri, Sr. AAG with
Mr. Furqan Sofi, GA for 1 & 4
CORAM:
HON'BLE MR JUSTICE MOHD YOUSUF WANI, JUDGE
ORDER
07.08.2025
1. Heard.
2. It is submitted by the learned counsel for the petitioners that he
withdraws the instant petition as against the respondents except 1 &
4. His statement is taken on record. The petitioners, who are present
in person, have also attested submission on their learned counsel
regarding withdrawal of the petition as against the respondents 2, 3
& 5.
3. Registry shall update the memo of parties/title sheet of the petition.
4. Through the medium of the instant petition filed under Article 226 of
the Constitution of India, the petitioners have sought the issuance of
writs in the nature of:
Mandamus for commanding the respondents to (i)refrain
from arresting them or otherwise interfering with their life
and personal liberty through any sort of violence, threat or
intimidation.
(i) to provide them necessary protection against any
apprehended threat or injury.
Arif Hameed
I attest to the accuracy and
authenticity of this document
08.08.2025
5. It is the case of the petitioners that they are citizens of India and, as
such, are entitled to invoke the extraordinary writ jurisdiction of this
Court for redressal of their genuine grievances as well as for
enforcement of their fundamental and other constitutional rights.
That petitioner No. 1 was Hindu by birth but on 25.07.2025, she
willingly and without any pressure has accepted Islamby reciting the
Kalamawith full understanding and of her own volition.That
thereafter, she entered into marriage with petitioner No. 2,as
perIslamicrites and customs, out of her free will and consent. That
petitioner No. 1 intends to uphold the marriage sincerely and
faithfully for life. That no one has forced or compelled her in any
manner.
That petitioner No. 1 was working at Elante Mall, Chandigarh, and
was associated with catering work for various functions. That
petitioner No. 2 was also engaged in catering services atfunctions in
Chandigarh. That it was during the said period that they both came to
know each other and eventually developed a mutual liking.
That petitioner No. 1 left her parental home prior to 25.07.2025 as
her family members were already opposing her decision. That
petitioner No. 2 was also subjected to serious threats in connection
with the matter. That since both of them are adult/major and
qualified, therefore, they chose to make the significant decision of
their life independently.
That when petitioner No. 1 left her home, her parents directly
assumed that she had gone to the company of petitioner No. 2. That
since her leaving home, the entire situation turns hostile and both the
petitioners are under serious threat. That parents of the petitioner No.
Arif Hameed
I attest to the accuracy and
authenticity of this document
08.08.2025
1 haveapproached the police, as such they apprehend threat to their
lives. That petitioner No. 1 has entered into marital and
conjugalrelationship with the petitioner No. 2 voluntarily without
any force or coercion after performing of Nikah in presence of major
witnesses in lieu of an amount of Mehar fixed at the time of Nikah
on 28.07.2025. That Nikah and Marriage Agreements dated
29.07.2025, with an affidavit are annexed with the petition as
Annexure III & IV.
6. The petitioners who are present in person before the Court and
whoseidentification was checked, corroborated the contents of their
petition. Their statements were recorded by the learned Registrar
Judicial of this Court in attestation of this petition and statements
they gave before the Court. The petitioner No. 1 has placed on record
the Xerox copies of her school certificatesshowing her DOB as
04.12.1998. The Adhar and PAN cards of the petitioner No. 1 were
checked in the open Court, and the copies of the same were also
retained on the file with her signatures on the same. The xerox
copies of the school leaving certificate of petitioner No. 2 are also on
the file which reveal his DOB as 01.01.2003.
7. The petitioners have also placed on record copies of alleged “Nikah
Nama” with English translation, Marriage Agreement and
affidavitsregarding their marital statusas Annexure V.
8. I have heard the learned counsel for the parties, Mr. Sami Sabir
Lone, and Mr. Mohsin Qadri, learned, Sr. AAG considered their
submissions.
9. In the facts and circumstances of the case, this Court is of the
opinion that instant writ petition can be disposed of even at this stage
Arif Hameed
I attest to the accuracy and
authenticity of this document
08.08.2025
in light 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″,
“Arumugam Servia vs. State of Tamil Nadu (2011) 6 SCC 405”
decided on 19th April, 2011 and “Shakti Vahini vs. Union of India
and others (2018) 7 SCC 192″ decided on 27th March, 2018, by
passing the appropriate directions to the respondents to safeguard the
life and liberty of the petitioners so as to prevent any sort of undue
harassment to them.
10.In the backdrop, the writ petition is disposed of with the following
directions:
i. The respondents shall ensure that no unjustified harassment,
threat or torture is caused to the petitioners and they shall be
provided protection under law as and when, asked for the
same.
11.However, in view of the law laid down by the Hon’ble Supreme
Court of India in “Doly Rani Vs. Manish Kumar Chanchal [2024
Live Law (SC)=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 the alleged marriage of the petitioners.
12.Disposed of along with connected CM(s).
(MOHD YOUSUF WANI)
JUDGE
SRINAGAR
07.08.2025
ARIF
Arif Hameed
I attest to the accuracy and
authenticity of this document
08.08.2025