Jammu & Kashmir High Court
Naeem Fatima vs U T Of Jammu And Kashmir Through on 23 December, 2024
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 160
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3038/2024
CM No. 7491/2024
1. Naeem Fatima, aged 25 years ....Petitioner/Appellant(s)
D/o Mohammad Aslam
R/o Tehsil Manghnar District Poonch.
2. Shakeel Ahmed Hussain, age 22 years
S/o Mohd. Munshi
R/o Nanad Kote, Tehsil Mahore District Reasi.
Through :- Mr. Ankush Sharma, Advocate.
V/s
1. U T of Jammu and Kashmir through
Principal Secretary, Home Department, Civil Secretariat, Jammu.
2. Senior Superintendent of Police (SSP), Poonch.
3. Station House Officer, Police Station, Poonch.
4. Mehmooda Sultan
W/o Mohd. Younis
R/o Chandak Tehsil Haveli District Poonch.
5. Mohd. Aslam S/o Hakam Din.
6. Mohd. Azam S/o Mohd. Aslam.
7. Mohd. Ayoub S/o Mohd. Aslam.
8. Mohd. Younis S/o Mohd. Aslam
9. Mohd. Imran S/o Mohd. Aslam.
10. Mohd. Qayoom S/o Mohd. Aslam
11. Amreen Akhter
12. Gulnaz Akhter
Both daughters of Mohd. Aslam.
13. Alam Sher S/o Unknown
14. Mukhbar Jan W/o Mohd. Aslam.
All residents of Mangnar Tehsil Haveli District Poonch.
15. Mohd. Munshi S/o Baja.
16. Noor Bano W/o Mohd. Munshi
Both residents of Nanadkote, Tehsil Mahore District Reasi.
....Respondent(s)
Through :- Mrs. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
2 WP(C) No. 3038/2024
ORDER
23.12.2024
1. The petitioners, both being of the age of majority, have exercised their free will
to enter into marital relationship and for that have earned displeasure of their
respective families.
2. To lend confirmation to the fact of their marriage having been solemnized out of
their free will and volition, the petitioners have put on record a marriage
certificate dated 02.05.2024.
3. Along with the writ petition, the petitioner No. 1’s 10th Class marks sheet
evidencing her date of birth is also annexed which confirms the fact that the
petitioner No. 1 is and was major at the time of solemnizing marriage with the
petitioner No. 2.
4. The petitioners are in hiding fearing about safety and security of their life and
limb suffering wrong at the hands of respondent Nos. 4 to 16 who are said to be
carrying hard feelings against the petitioners for their act of marrying each other
against parental wishes.
5. Keeping in view the mandate and dictate of the Hon’ble Supreme Court as laid
down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in
terms whereof a direction has been set into effect for the Govt. Administration
and Police Authorities throughout the Country to see to it that if any boy and
girl who is a major undergo inter-caste or inter-religious marriage with a girl or
boy who is also major, then the marrying individuals are not to be harassed by
any one nor to be subjected to threats or acts of violence, and in case any such
threat or harassment is confronted to be inflicted on the individuals then the
persons responsible for holding out such threats/harassments are to be taken to
task by instituting criminal proceedings by the Police against such persons and
further stern action to be taken as provided by law.
3 WP(C) No. 3038/2024
6. Article 144 of the Constitution of India mandates all authorities, civil and
judicial, in the territory of India to act in aid of the Hon’ble Supreme Court.
Bearing this constitutional sanction in perspective and the directions of the
Hon’ble Supreme Court of India set into place, it is a matter of duty for the
Police Officials as well as officials of the concerned Civil Administration,
irrespective of hierarchical position, to ensure that marrying individuals who are
major and have chosen to become husband and wife out of their free will and
volition are not to fear anybody causing any harm to their life and limb.
7. This petition, thus, at the threshold is disposed of with a direction to the
respondent No. 2- Senior Superintendent of Police (SSP), Poonch to ensure by
issuing appropriate directions to the respondent No. 3-Station House Officer
(SHO), Police Station Poonch that the petitioners, namely Naeem Fatima and
Shakeel Ahmed Hussain are not subjected to any
harassment/intimidation/threats at the hands of the respondent Nos. 4 to 16 or
any other person/s acting at the behest and/or on behalf of the respondent Nos. 4
to 16. Further more, in case the Police Station Poonch has registered any FIR at
the instance of the respondent Nos. 4 to 16 against the petitioners or either of the
two petitioners, then also no arrest of the petitioners shall be carried out by the
Police Station, Poonch.
8. Connected application also stands disposed of accordingly.
(Rahul Bharti)
Judge
JAMMU
23.12.2024
Naresh/Secy.
Naresh Kumar
2024.12.24 11:01
I attest to the accuracy and
integrity of this document