HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 2308/2023

CM No. 5373/2023

Nazira Banoo & anr

….Petitioner/Appellant(s)

Through :- Mr. J.P. Gandhi, Advocate.

V/s

UT of J&K & anr

….Respondent(s)

Through :- Ms. Nazia Fazal, Advocate vice

Mrs. Monika Kohli, Sr. AAG.

Coram:

HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

06.09.2023

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 notarized marriage agreement dated

31.07.2023. 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 who is also major.

The petitioners are in hiding fearing about safety and security of

their life and limb suffering wrong at the hands of the relatives as well as

parents of the petitioner no. 1 who are carrying hard feelings against the

petitioners for their act of marrying each other.

Sr.No. 137

2 WP(C) No. 2308/2023.

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

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.

This petition at the threshold is disposed of with a direction to the

respondent no. 1- Senior Superintendent of Police, Reasi to ensure by issuing

appropriate directions to the respondent no. 2-Station House Officer, Police

Station, Mahore, Reasi that the petitioners, namely Nazira Banoo and Bashir

3 WP(C) No. 2308/2023.

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

of the relatives as well as parents of the petitioner no. 1 or any other person

acting at their behest and/or on behalf of them. Further more in case the

Police Station, Mahore, Reasi has registered any FIR at the instance of the

relatives as well as parents of the petitioner no. 1 against the petitioners or

either of the two petitioners then also no arrest of the petitioners shall be

carried out by the Police Station, Mahore, Reasi.

(Rahul Bharti)

Judge

JAMMU

06.09.2023

Naresh/Secy.