ZAHIDA KOUSER AND ANOTHER v. UT OF J AND K TH. SENIOR SUPERINTENDENT OF POLICE, POONCH AND OTHERS
WP(C)/1999/2026 · 2026-07-07
Wasim Sadiq Nargal
Writ Petition (Civil)body1999
DailyLaw.ai
[ 1999 DAILYLAW 2 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 1999 DAILYLAW 2 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case: WP(C) No. 1999/2026 CM No. 4344/2026
Zahida Kouser and Anr.
..... Petitioner(s)/Appellant(s)
Through :- Mr. Ashfaq Ahmed Khan, 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 07.07.2026
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 29.05.2026. Copy of Nikahnama dated 29.05.2026 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. 163
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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 07.07.2026 Shammi
SHAMMI KUMAR 2026.07.07 18:27 I attest to the accuracy and integrity of this document