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IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
RAHUL BHARTI
Bilal Feroz Dass S/o Feroz Ahmad Dass – Appellant
Versus
UT of JK through Commissioner cum Secretary to Government Home Department Civil Secretariat Srinagar/Jammu – Respondent
ORDER :
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 solemnization of their marriage as per Muslim rite and rituals having been performed out of their free will and volition, the petitioners have put on record a copy of marriage agreement dated 05.02.2025.
3. Along with the writ petition, the petitioners aadhar cards evidencing their date of birth are also annexed which confirms the fact that the petitioners are and were major at the time of solemnizing marriage and are well versed with their well being and welfare.
4. The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of their parental side relatives, who are carrying hard feelings against the petitioners for their act of marrying each other against family will and dictate.
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 Arif Hameed has been set into effect for the
The court affirmed the constitutional duty of authorities to protect individuals in inter-caste or inter-religious marriages from harassment, as mandated by the Supreme Court.
Individuals of majority age have the right to marry freely, and authorities must protect them from familial threats and harassment.
Authorities must protect individuals in consensual marriages from harassment, as mandated by the Supreme Court.
A person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that t....
The court emphasized the need to protect couples undergoing inter-caste marriages in accordance with the mandate of law laid down by the Hon'ble Supreme Court.
Inter-caste marriages are in the national interest and those who threaten or harass such couples must be severely punished.
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