HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1971/2025 CM No. 4458/2025 1. Fasal Hussain Age about 21 years S/o Sakinder Hussain. 2. Gulshan Bibi Age 25 years D/o Rasool Shah W/o Fasal Hussain. Both R/o Ward No. 2, Samote Tehsil Surankote & District Poonch (J&K). …..Petitioners Through: Mr. Deepak Mahajan, Advocate Mr. Barinder Kumar, Advocate. Vs 1. Union Territory of Jammu and Kashmir Through its Director General of Police, Police Headquarters, Gulshan Ground, Gandhi Nagar, Jammu (J&K). 2. Senior Superintendent of Police (SSP), Poonch. 3. Officer-in-Charge of (SHO) Police Station Surankote. 4. Rasool Shah S/o Server Shah R/o Ward No. 61, Lassan Tehsil Surankote & District Poonch (J&K). 5. Fatima Bibi W/o Rasool Shah R/o Ward No. 61, Lassan Tehsil Surankote & District Pooch (J&K). 6. Ali Raza S/o Rasool Shah R/o Ward No. 61, Lassan Tehsil Surankote & District Poonch (J&K). .….Respondents Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (25.07.2025) Serial No. 115 2 WP(C) No. 1971/2025 CM No. 4458/2025 1. The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of the parental side family of the respondent No. 2. 2. To lend confirmation to the fact of their marriage having been solemnized out of their free will and volition, the petitioners have put on record a nikhanama dated 05.09.2024. 3. Along with the writ petition, the petitioner no. 2’s 10th class marks card evidencing her date of birth is also annexed which confirms the fact that the petitioner No. 2 is and was major at the time of solemnizing marriage with the petitioner No. 1. In fact, the petitioner No. 2 is elder to the petitioner No. 1. 4. The petitioners are apprehensive about safety and security suffering harassment at the hands of the respondents No. 4 to 6 who are said to be carrying hard feelings against the petitioners for their act of marrying each other. 5. Keeping in view the mandate and dictate of the Hon’ble Supreme Court as laid down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Govt. Administration and Police Authorities throughout the Country to see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of 3 WP(C) No. 1971/2025 CM No. 4458/2025 violence, and in case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats/harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law. 6. Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory of India to act in aid of the Hon’ble Supreme Court. Bearing this constitutional sanction in perspective and the directions of the Hon’ble Supreme Court set into place, it is a matter of duty for the Police Officials as well as officials of the concerned Civil Administration, irrespective of hierarchical position, to ensure that marrying individuals who are major and have chosen to become husband and wife out of their free will and volition are not to fear anybody causing any harm to their life and limb. 7. This petition at the threshold is disposed of with a direction to the respondent No. 2- Senior Superintendent of Police, Poonch to ensure by issuing appropriate directions to the respondent No. 3-Officer Incharge (SHO), Police Station Surankote that the petitioners, namely Fasal Hussain and Gulshan Bibi are not subjected to any harassment/ intimidation/threats at the hands of the respondents No. 4 to 6 or any other person acting at the behest and/or on behalf of the respondents No. 4 to 6. Further more in case the Police Station, Surankote or any other Police 4 WP(C) No. 1971/2025 CM No. 4458/2025 Station has registered any FIR at the instance of the respondents No. 4 to 6 against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out or facilitated by the Police Station Surankote. 8. Disposed of. (RAHUL BHARTI) JUDGE JAMMU 25.07.2025 Bunty Bunty Kumar 2025.07.25 13:14 I attest to the accuracy and integrity of this document Jammu