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Serial No. 161

Supplementary List-4

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 3781/2025

Udfer Hameed & Anr.

…..Petitioner(s)

Through: Mr. Aman Bhagotra, Advocate.

Vs

UT of J&K & Ors.

.…. Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG with

Ms. Nazia Fazal, Assisting Counsel

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

ORDER

(30.12.2025)

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 their respective families.

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 Nikahnama dated 29.12.2025.

3.

Along with the writ petition, the petitioner no. 1’s 10^th

Class Diploma Certificate 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 WP(C) No. 3781/2025

4.

The petitioners are in hiding fearing about safety and

security of their life and limb suffering wrong at the hands of

respondents No. 6 and 7 who are 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.

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

3 WP(C) No. 3781/2025

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), Poonch and respondent No. 3-Senior Superintendent of

Police (SSP), Srinagar to ensure by issuing appropriate directions

to the respondent No. 4-Station House Officer (SHO), Police

Station, Gursai, Mendhar, district Poonch and to respondent No.

5-Station House Officer (SHO), Police Station, Khanyar, Srinagar,

respectively that the petitioners, namely, Udfer Hameed and

Azhar Jhangir Khan, are not subjected to any

harassment/intimidation/threats at the hands of the respondents

No. 6 and 7 or any other person acting at the behest and/or on

behalf of the respondents No. 6 and 7. Furthermore, in case the

respondents No. 4 and 5 which are Police Stations

abovementioned or any other Police Station has registered any

FIR at the instance of the respondents No. 6 and 7 against the

petitioners or either of the petitioners then also no arrest of the

petitioners shall be carried out or facilitated by the SHO Police

4 WP(C) No. 3781/2025

Station, Gursai, Mendhar, district Poonch and/or SHO Police

Station, Khanyar, Srinagar as the case may be.

8.

Disposed of.

(RAHUL BHARTI)

JUDGE

JAMMU

30.12.2025

SUNIL