Research › Search › Judgment

High Court of Jammu and Kashmir · body

1920 DAILYLAW 2 (JK)

ASSIA BANOO AND ANOTHER v. UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS

WP(C)/1920/2026 · 2026-07-06

Wasim Sadiq Nargal

Writ Petition (Civil)body1920

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No.1920/2026 CM No. 4214/2026 Assia Bano & Anr …..Petitioner(s) Through: Mr. R D Singh Bandral, Advocate Vs UT of J&K & Ors .…. Respondent(s) Through: Ms. Priyanka Bhat, Advocate vice Mrs. Monika Kohli, Sr. AAG for R-1 to 4 Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER (06.07.2026) 1. Petitioners through the medium of this petition under Article 226 of the Constitution of India seek directions from this Court to command Respondents 1 to 4 to provide them the police protection as they apprehend danger to their lives from Respondent 5. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Marriage agreement dated 04.03.2026 has been placed on record. It is further submitted that since the petitioners have contracted marriage against the wishes of Respondent 5, as such, they are facing harassment at his hands. The petitioners, in support of their date of birth, have placed on record D.O.B certificates, issued by the J&K State Board of School Education. 2. 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 absence of there being any legal impediment, the petitioners S. No. 231 2 WP(C) No.1920/2026 are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners. 3. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them. 4. In this view of the matter, the instant petition is disposed of, at this stage, by directing Respondents 1 to 4 to look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage. 5. The writ petition is, accordingly, disposed of along with connected CMs. (WASIM SADIQ NARGAL) JUDGE JAMMU 06.07.2026 Vijay Vijay Kumar 2026.07.06 18.21 I attest to the accuracy and integrity of this document