Jammu & Kashmir High Court – Srinagar Bench
Tabasum Gul & Anr vs Union Territory Of J&K And Others on 4 August, 2025
Sr. no. 13
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 1828/2025
Tabasum Gul & Anr. ...Petitioner(s)
Through: Mr. Asgar Ali, adv.
VS.
Union Territory of J&K and Others. ...Respondent(s)
Through: Mr. Mohsin Qadri, Sr AAG with Ms. Maha Majeed
CORAM:
Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.
ORDER
04.08.2025
01. Petitioners are also present in person.
02. Through the medium of the instant petition, filed under Article 226
of the Constitution of India, the petitioners seek issuance of
writs/directions in the nature of:
(i) “Mandamus for commanding upon the official
respondents 1 to 5 to provide them the necessary
protection as they are apprehending threat to their
lives at the hands of private respondents 6 to 8 for
contracting marriage out of their own free will and
choice;
(ii) Prohibition for restraining official respondents 1 to
5 to make unnecessary arrest of the petitioner No.2
being the husband of the petitioner No.1 and for
restraining all the respondents from interfering into
their matrimonial life.”
03. It is the case of the petitioners that they being major have
contracted marriage out of their own free will and choice in
accordance with Personal Law. That they have already performed
“Nikah Ceremony” in accordance with the Personal Law
guaranteeing them on 29th July, 2025. That a photocopy of
“Nikah Nama” evidencing the “Nikah Ceremony’ stands already
executed forming annexure-I to their petition. That the family of
the petitioner No.1 has always remained against the relationship
of the petitioners even prior to their marriage as a result of which
the petitioner No.1 was subjected to great mental torture and
agony. That the private respondents 6 to 8, who happen to be the
father, brother and close relative of petitioner No.1 respectively,
are forcing her to enter into second marriage. That the petitioners
also apprehend that the aforesaid private respondents may lodge a
false and frivolous complaint before the police concerned to get
an FIR registered against the petitioner No.2.
04. The petitioners who are present in person and whose
identification was checked, corroborated the contents of their
petition. Their statements were got recorded by the Ld. Registrar
Judicial of this court in attestation of this petition
05. The petitioners have placed on record the scanned copies
of their Adhaar Cards as also of the alleged “Nikah Nama”.
Perusal of the copies of the Adhaar cards reveals that the Date of
Birth of the petitioner No.1 Tabasum Gul is 29th Nov. 1997,
while as that of petitioner No.2 is 01st of Oct 1995.
06. It is submitted by the learned counsel for the petitioners that
since the petitioners being major have contracted marriage out of
their own free will and choice, as such the instant writ petition be
disposed of at this thresh-hold stage in view 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″;and “Arumugam Servia
v. State of Tamil Nadu (2011) 6 SCC 405” decided on 19th April
2011, by passing the appropriate directions upon the respondents
to safe guard the life and liberty of the petitioners, to prevent any
sort of undue harassment to them, and also interference with their
matrimonial life.
07. In the facts and circumstances of the case, this court is of the
opinion that the instant matter can be disposed of at this threshold
stage by passing an appropriate order in accordance with the law.
08. Accordingly the instant petition is disposed of at this thresh
hold stage with the following directions:
i) The official respondents 1 to 5 shall ensure that no
unjustified harassment is being caused to the petitioners
and they shall be provided the protection as and when
asked for the same;
ii) The respondents 6 to 8 shall also desist from causing
any illegal and unjustified harassment to the petitioners,
so that their right to life and personal liberty is not
interfered with.
,
09. However, in view of the ratio decidendi of the law laid down
by the Hon’ble Supreme Court of India in Doly Rani vs. Manish
Kumar Chanchal [ 2024 Live Law (SC) 334 =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 marriage as per
Personal Law guaranteeing the parties.
10. Disposed of along with connected CM.
(Mohd. Yousuf Wani)
Judge
SRINAGAR:
04.08.2025
“Ayaz”
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