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High Court of Jammu and Kashmir · body

1918 DAILYLAW 2 (JK)

ZUBIYA FATIMA AND ANOTHER v. UT OF J AND K TH. DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS

WP(C)/1918/2026 · 2026-07-01

Wasim Sadiq Nargal

Writ Petition (Civil)body1918

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 1918/2026 CM No. 4212/2026 Zubiya Fatima and Anr. ..... Petitioner(s)/Appellant(s) Through :- Mr. Fidah Hussain, Advocate Vs U.T. of J&K and Ors. .....Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG with Ms. Priyanka Bhat, Advocate CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 01.07.2026 1. The petitioners seek a direction to the official respondents to provide them police protection as they apprehend danger to their lives at the hands of private respondents. It is submitted that petitioners are major and have entered into wedlock out of their free will and volition. As per the date of birth certificates annexed with the petition, both the petitioners have already attained majority. The petitioners solemnized marriage according to Muslim rites and customs on 17.06.2026. Copy of Nikahnama dated 17.06.2026 is placed on record. 2. Hon’ble Supreme Court in Lata Singh v. State of UP. and anr., 2006 (5) SCC 475 has observed 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 their life and liberty. 3. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and police agency is obliged to protect the life and liberty, if approached. However, it appears that petitioners have not Sr. No. 51 2 | P a g e WP(C) No. 1918/2026 approached the official respondents for the indulgence in the matter for providing protection to them. 4. In this view of the matter, the petition is disposed of, at this stage, by providing that official respondents shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life. This Court has not expressed any opinion about the validity or authenticity of the marriage and the documents/certificates annexed with the petition. This order, however, shall not come in the way of the official respondents for investigation of FIR/criminal complaint, if any, filed against the petitioners. 5. The writ petition is, accordingly, disposed of along with all connected application(s). (WASIM SADIQ NARGAL) JUDGE JAMMU 01.07.2026 Mihul