HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 3193/2025 Date of pronouncement: 08.12.2025 Date of uploading : 09.12.2025 1. Sumaya Banoo, Aged 21 years, W/o Mohd. Saifullah, D/o Mohd. Yousaf. 2. Mohd. Saifullah, Aged 26 years, S/o Ghulam Qadir Gorsi, Both residents of Village Kither Bunjwah, Tehsil & District Kishtwar. .....Applicant(s)/Petitioner(s) Through :- Mr. Irfan Khan, Advocate v/s 1. UT of J & K through its Principal Secretary (Home), Civil Secretariat, Jammu. 2. The Senior Superintendent of Police (SSP), Kishtwar. 3. The Senior Superintendent of Police (SSP), Doda. 4. The Station House Officer, Bhaderwah. 5. The Station House Officer, Kishtwar. 6. Munir Ahmed, 7. Mohd. Yaseen, 8. Asgar Hussain, 9. Karim Din, 10. Hashim Din, All sons of Nawab Shah, 11. Inam-ul-hassan, S/o Mohd. Yousaf; 12. Sabar Hussain, S/o Bagh Hussain; 13. Mohd. Rizwan, S/o Munir Ahmed; All residents of Village Kither Bunjwah, Tehsil & District Kishtwar. .....Respondent(s) Through :- Ms. Chetna Manhas, Assisting counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER (ORAL) 08.12.2025 1. Petitioners claim that they, being major, have contracted marriage out of their freewill and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment at hands of their relatives, for having contracted marriage against their Sr. No. 19 2 WP (C) No. 3193/2025 wishes. Petitioners, therefore, seek protection and security from respondents. 2. Heard, perused and considered. 3. Perusal of record annexed with writ petition, prima facie, reveals that Petitioner No. 1 is major. Learned counsel appearing for the petitioners has produced the Marks Statement of Secondary School Examination of Petitioner No. 2 which indicates the date of birth of the said petitioner as 05.06.1999 which means he too is major. Copy of the marks certificate is taken on record. 4. When two adults marry out of their volition, they choose their path; they consummate their relationship; they feel that it is their goal and they have the right to do so. And it can unequivocally be stated that they have the right and any infringement of the said right is a constitutional violation. 5. In view of the ratio laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India & Ors AIR 2018 SC 1601, the official respondents are directed to provide adequate protection to the life and liberty of the petitioners, however, this shall not prevent the official respondents to carry out the investigation of a case which may be registered against the petitioners in respect of any other incident. 6. Needless to say, that disposal of instant petition does not authenticate petitioners’ marriage or their age/majority to enter into marriage. 7. Disposed of along with connected CM. (Moksha Khajuria Kazmi) Judge JAMMU 08.12.2025 Manan Manan Mahajan 2025.12.09 17:48 I attest to the accuracy and integrity of this document