Sr. No. 134 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Earim Kouser and Anr. ..... Petitioner(s)/Appellant(s)

Through :- Mr. Kanishk Manchanda, Advocate Mr. Rohit Kotwal, Advocate Vs U.T. of J&K and Ors. .....Respondent(s)

Through :- Mrs. Monika Kohli, Sr. AAG CORAM:

HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER

16.02.2026

01. In the instant petition, the petitioners seek a direction upon respondent Nos. 1 to 3 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 4 to 12. It is submitted that the petitioners are major and have married out of their own free will. Copy of Nikahnama dated 30.08.2025 and proof of petitioners' date of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 4 to 12, as such, they are facing harassment at their hands.

02. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P and anr, 2006 (5) SCC 475, and submits that in the absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.

03. I have heard the counsel for the parties and perused the record on the file.

04. Perusal of the documents annexed with the writ petition, prima facie, reveals that the petitioners are major and they have contracted the marriage according to Muslim Rites and Customs. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.

05. Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondent Nos. 1 to 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.

06. The writ petition is accordingly, disposed of (SANJAY DHAR)

JUDGE JAMMU

16.02.2026

Mihul