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2025 DAILYLAW 4077 (JK)

SANIA BI AND ANOTHER v. UT OF J AND K TH DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS

WP(C)/2034/2025 · 2025-08-25

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2034/2025 Sania Bi & Anr. …..Petitioners Through: Mr. Abid Khan, Advocate Vs Union Territory of J&K & Ors. ….Respondents Through: Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (25.08.2025) 01. In the instant petition, the petitioners seek a direction upon respondent Nos. 1 to 5 to provide them the police protection as they apprehend danger to their lives from respondent No. 6. It is submitted that the petitioners are major and have married out of their own free will. Copy of Nikahnama dated 19.07.2025 and proof of petitioners' date of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent No. 6, as such, they are facing harassment at their hands. 02. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P and anr, Serial No. 09 2 WP(C) No. 2034/2025 2006 (5) SCC 475, and submits 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 the life and liberty of the petitioners. 03. I have heard the counsel for the parties and perused the record on the file. 04. Perusal of the documents annexed with the writ petition, prima facie, reveals that the petitioners are major. Any person having attained the age of majority is entitled to live with any other person of his/her choice and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them. 05. Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondent Nos. 1 to 5 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody cause any harassment to them, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of the marriage or the authenticity of 3 WP(C) No. 2034/2025 age proof submitted by the petitioners, and the police is free to take a view on the basis of the available material and inquiry. 06. The writ petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 25.08.2025 Shivalee Whether the order is speaking : Yes Whether the order is reportable : No