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2025 DAILYLAW 3620 (JK)

SHAMIM AKHTER v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS

WP(C)/1575/2025 · 2025-06-19

Sanjay Parihar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 33 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1575/2025 Shamim Akhter …. Petitioner/Appellant(s) Through:- Mr. Mohd Latief, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Mr. Sumeet Bhatia, GA vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 19.06.2025 1. Notice. 2. Mr. Sumeet Bhatia, GA vice Ms. Monika Kohli, learned Sr. AAG accepts notice on their behalf. 3. Considered the plea of learned counsel for the petitioners, the petition can be disposed of at this stage without issuing notice to the private respondents. 4. The petitioner submits in the petition that she is legally wedded wife of Bashir Ahmed and they have solemnized the marriage of their own will as per Muslim rituals on 26.04.2025. The private respondent Nos. 7 and 8 are causing interference in the matrimonial life of the petitioner without any justification. The petitioner is required to be protected from the harassment caused by the private respondents. 5. As the petitioner’s claim to be major and having entered into wedlock of her own volition, she is required to be protected against the harassment, if any caused by the private respondents. Learned counsel for the petitioner has referred to judgment passed by the Hon’ble Supreme Court in Writ Petition (Crl) No.028/2004 decided on 07.07.2006 titled Lata Singh Vs. State of U.P. 6. Accordingly, it is directed that in case the petitioner approach the official respondents with the representation, the official respondents shall assess the threat perception as projected by the petitioner and accordingly proceed in the matter. 7. However, it is made clear that the court has not expressed any opinion on the validity of the marriage between the petitioner and Bashir Ahmed nor of threat or harassment allegations leveled against the private respondents. 8. The petition is disposed of along with connected CM(s). (Sanjay Parihar) Judge Jammu: 19.06.2025 Shafqat