Santosh Kumari vs The U.T. Of Jammu & Kashmir on 25 July, 2025

Jammu & Kashmir High Court

Santosh Kumari vs The U.T. Of Jammu & Kashmir on 25 July, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                                        2025:JKLHC-JMU:1935
                                                            Serial No. 123


          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU

     WP(C) No. 1991/2025
     CM No. 4523/2025

1. Santosh Kumari, Age 18 years
   D/o Sh. Ram Paul
   W/o Sh. Sandeep Kumar,
   R/o Village Laswara
   Deoli, District Jammu.
   At present Kirpind, P.O. Kirpind,
   District Jammu.

2. Sandeep Kumar, Age 22 years
   S/o Sh. Ramesh Kumar
   R/o Kirpind, P.O. Kirpind,
   District Jammu.
                                                             .....Petitioners

                        Through: Mr. Jasmeet Singh, Advocate.

                   Vs

1.    The U.T. of Jammu & Kashmir
      Through Director General of Police, J&K,
      Police Headquarter, Jammu.

2.    The Senior Superintendent of Police (SSP), Jammu.

3.    The Station House Officer, Police Station Bishnah,
      District Jammu.

4.    Ram Pal (Father)
      S/o Sh. Thoru Ram

5.    Nimma Devi (Mother)
      W/o Sh. Ram Pal.

6.    Lakhveer Singh (brother)
      S/o Sh. Ram Pal.

7.    Sukhbinder Singh (brother)
      S/o Sh. Ram Pal,

      Respondents No. 4 to 7
      Residents of Village Laswara,
      Deoli, District Jammu.                               .....Respondents

                        Through: Ms. Nazia Fazal, Assisting Counsel to
                                 Mrs. Monika Kohli, Sr. AAG.

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                         ORDER

(25.07.2025)
2025:JKLHC-JMU:1935

2 WP(C) No. 1991/2025
CM No. 4523/2025

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 the parental side family of the respondent

No. 1.

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 21.07.2025.

3. Along with the writ petition, the petitioner no. 1’s Aadhaar

Card 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 apprehensive about safety and security

suffering harassment at the hands of the respondents No. 4 to 7 who

are said to be carrying hard feelings against the petitioners for their

act of marrying each other.

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 or girl who is a

major undergoes 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.

2025:JKLHC-JMU:1935

3 WP(C) No. 1991/2025
CM No. 4523/2025

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 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 at the threshold is disposed of with a direction

to the respondent No. 2- Senior Superintendent of Police (SSP),

Jammu to ensure by issuing appropriate directions to the respondent

No. 3-SHO, Police Station Bishnah, that the petitioners, namely

Santosh Kumari and Sandeep Kumar are not subjected to any

harassment/ intimidation/threats at the hands of the respondents No.

4 to 7 or any other person acting at the behest and/or on behalf of the

respondents No. 4 to 7. Further more in case the Police Station,

Bishnah or any other Police Station has registered any FIR at the

instance of the respondents No. 4 to 7 against the petitioners or either

of the two petitioners then also no arrest of the petitioners shall be

carried out or facilitated by the Police Station Bishnah.

8. Disposed of.

(RAHUL BHARTI)
JUDGE
JAMMU
25.07.2025
Bunty