Tareeq Ahmad Ahanger And Anr vs Ut Of J And K And Ors on 5 April, 2025

Jammu & Kashmir High Court – Srinagar Bench

Tareeq Ahmad Ahanger And Anr vs Ut Of J And K And Ors on 5 April, 2025

Author: Rahul Bharti

Bench: Rahul Bharti

                                                      S.No.89
                                                      Supp. List
  IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR


                          WP (C ) 765/2025
                           CM 1924/2025


TAREEQ AHMAD AHANGER AND ANR.                ...Petitioner(s)/Appellant(s)


Through: Ms Gulshan Ara, Advocate vice
         Mr Tawheed Ahmad, Advocate.

                                Vs.

UT OF J AND K AND ORS.                                   ...Respondent(s)

Through: None.


CORAM:
            HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
                             ORDER

05-04-2025

1. The petitioners, namely Mr. Tareeq Ahmad Ahanger

and Mst. Sheeraza Shafi, both being of the age of

majority, have exercised their free will to enter into

marital relationship to become husband and wife

and for that have earned displeasure of their

respective families. Both petitioners are of Muslim

religion.

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

scanned copy of “Nikahnama” dated 04.04.2025.

3. Along with the writ petition, the petitioner No. 2’s

date of birth confirming document in the Jammu and

Kashmir Board of School Education (JKBOSE)

evidencing her age as 28 years is also annexed

which confirms the fact that the petitioner No. 2 is

and was major at the time of solemnizing marriage

with the petitioner No. 1 and so is the petitioner No.

1.

4. The petitioners are in hiding fearing about safety

and security of their life and limb suffering wrong at

the hands of respondents, who are 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 intercaste 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 and also not to be subjected to

threats or acts of violence. In case any such harm,

threat or harassment is intended to be inflicted on

said individuals then the person/s responsible for

intending/ holding out such harm/ 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.

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 writ petition, at the threshold, is disposed of

with a direction to the respondents 3 and 4 i.e., SSP

Baramulla and SSP Budgam to ensure by issuing

appropriate directions to the respondents No. 5 and

6-Station House Officer (SHO), Police Station Khag,

Budgam and Kunzer, District Baramulla that the

petitioners, namely Mr. Tareeq Ahmad Ahanger and

Mst. Sheeraza Shafi are not subjected to any

harassment/intimidation/threats at the hands of any

person by reference to their matrimony and their

right to cohabit as married persons. Furthermore, in

case the Police Station, Khag and/or Kunzer,

District Budgam/Baramulla has registered any

FIR/Report at the instance of any family member or

any other person against the petitioners or either of

the two petitioners by reference to their marriage

then also no arrest of the petitioners to be carried out

by the said Police Station.

8. Writ petition disposed of, along with connected CM.

9. Copy of this order to be given to the counsel for the

petitioners under the seal and signatures of the

Reader of this Court.

(RAHUL BHARTI)
JUDGE
SRINAGAR:

05-04-2025
Mubashir