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2025 DAILYLAW 11625 (JK)

NAZIYA AKHTER (PREVIOUS NAME VANSHIKA DEVI) AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (HOME / POLICE)

WP(C)/2883/2025 · 2025-11-19

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 129 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2883/2025 CM(7628/2025) Naziya Akhter (Previous Name Vanshika Devi) & Anr. …Petitioner(s) Through: Mr. Irfan Khan, Advocate. Vs. Union Territory of J&K and Ors. ...Respondent(s) Through: CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 19.11.2025 01. The petitioners seek a direction to the official respondents to provide them the police protection, as they apprehend danger to their lives from the private respondents. The petitioner No. 1 has converted her religion from Hinduism to Islam and has professed Muslim faith out of her own free will, without any coercion or undue influence, and the conversion certificate in this regard, has also been placed on record. 02. The learned counsel submits that the petitioners are major and have contracted marriage out of their own free will. Copy of Nikahnama has been placed on record. The petitioners submit that since their marriage was solemnized against the wishes of the private respondents, as such, they are being harassed by them. 03. Learned counsel for the petitioners refers to the decision of the Supreme Court in “Lata Singh v. State of U.P. and Anr”, reported in “(2006) 5 SCC 475”, and submits that in 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. 04. It is settled law that any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police authorities are duty bound to ensure protection to his/her life and liberty, if approached. However, it appears that the petitioners have not yet approached the official respondents for providing them such protection. 05. In view of the above, this writ petition is disposed of at this stage by providing that the official respondents shall look into the grievance of the petitioners for providing them adequate security and 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. 06. The writ petition along with connected application is accordingly, disposed of. (Wasim Sadiq Nargal) Judge SRINAGAR: 19.11.2025 “HAMID”