Authorities must protect individuals in consensual marriages from harassment, as mandated by the Supreme Court.

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. 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 copy of marriage agreement dated 19.07.2024. Along with the writ petition, the petitioner no. 1’s Aadhar Card 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.

2. The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent No.5, who is the father of petitioner No.1, is carrying hard feelings against the petitioners for their act of marrying each other.

3. 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.

4. 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.

5. This petition at the threshold is disposed of with a direction to the respondent no. 2 - Senior Superintendent of Police, Ganderbal to ensure by issuing appropriate directions to the respondent Nos. 3 and 4 -Station House Officer, Police Station, Ganderbal and Station House Officer, Police Station, Rajouri that the petitioners, namely Muskan and Sajad Ah. Khatana are not subjected to any harassment/intimidation/threats at the hands of the respondent No. 5 or any other person. Furthermore, in case the Police Station, Ganderbal and Police Station, Rajouri have registered any FIR at the instance of the respondent No.5 against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out by the said Police Stations.