Jethara Mustfijahmed And vs Ut Of J&K And Others on 11 April, 2025

Jammu & Kashmir High Court

Jethara Mustfijahmed And vs Ut Of J&K And Others on 11 April, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                                           Sr. No. 115
                                                                           Supp. List-I

  HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                  AT JAMMU

                                                               WP(C) No. 877/2025


Jethara Mustfijahmed and                                .... Petitioner/Appellant(s)
another

                          Through:-      Mr. Mohd. Zia-ul-Latief, Advocate.

                    V/s

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

                          Through:-      Mrs. Monika Kohli, Sr. AAG.
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
                     ORDER

11.04.2025

01. Petitioners seek a direction to respondent Nos. 3 to 7 to provide them

the police protection as they apprehend danger to their lives from respondent

Nos. 8 and 9. It is submitted that the petitioners are major and have married

out of their own free will. Copies of Nikah Nama dated 04.04.2025 and proof

of petitioners’ date of birth have been placed on record. They submit that since

they have contracted the marriage against the wishes of respondent Nos. 8 and

9, as such, they are facing harassment at their hands.

02. Learned counsel for the petitioners refers to the decision of the

Supreme Court in ‘Lata Singh vs. 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.

03. Both the petitioners are present in Court and are identified by their counsel.
Page 2 of 2

04. Perusal of the record annexed with the writ file reveals that

petitioners are major and have contracted marriage on 04.04.2025

according to Muslim Personal Law, Rites and Customs.

05. 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 their 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.

06. Keeping in view the relief sought for, this petition is disposed of, at

this stage itself, by providing that respondent Nos. 3 to 7 shall look into

the grievance of the petitioners for providing them adequate security and

to ensure that nobody interferes in married life of the petitioners, if the

petitioners approach them. It is made clear that no opinion has been

expressed with regard to the validity of their marriage, and the police is

free to take a view on the basis of the available material and inquiry. If it

is found that the parties are major and have married out of their own free

will and consent, the necessary protection shall be extended to them.

07. Disposed of.

(Sindhu Sharma)
Judge

Jammu:

11.04.2025
Michal Sharma/PS

Michal Sharma
I attest to the accuracy and
authenticity of this document
Jammu
11.04.2025 15:56