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Serial No. 162

Supplementary List-3

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 3680/2025

Saima Bi & Anr.

…..Petitioner(s)

Through: Mr. Ajaz Chowdhary, 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

(24.12.2025)

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 notarized marriage certificate/agreement dated

15.12.2025.

3.

Along with the writ petition, the petitioner no. 1’s Aadhaar

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.

4.

The petitioners are in hiding fearing about safety and

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

2 WP(C) No. 3680/2025

respondents No. 6 to 11 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 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.

3 WP(C) No. 3680/2025

7.

This petition at the threshold is disposed of with a

direction to the respondent No. 2- Senior Superintendent of Police

(SSP), Poonch to ensure by issuing appropriate directions to the

respondents No. 3 to 5, who are, Station House Officer (SHO), Police

Station, Mandi, tehsil Mandi and district Poonch ; Inchrage Police

Post, Sathra tehsil Mandi, district Poonch and the Station House

Officer (SHO), Police Station Surankote, tehsil Surankote, district

Poonch, that the petitioners, namely Saima Bi and Junaid Ahmed

are not subjected to any harassment/intimidation/threats at the

hands of the respondents No. 6 to 11 or any other person acting at

the behest and/or on behalf of the respondents No. 6 to 11. Further

more in case the respondents No. 3 to 5 which are Police Stations-

mentioned above or any other Police Station has registered any FIR

at the instance of the respondents No. 6 to 11 against the

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

petitioners shall be carried out or facilitated by the respondents No.

3 to 5 i.e. Station House Officer (SHO), Police Station, Mandi, tehsil

Mandi and district Poonch ; Inchrage Police Post, Sathra tehsil

Mandi, district Poonch and the Station House Officer (SHO), Police

Station Surankote, tehsil Surankote, di