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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4794 (JK)

NOOR JOHN BANO AND ANOTHER v. UT OF J AND K TH DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS

WP(C)/2576/2025 · 2025-09-17

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2576/2025 CM No. 5944/2025 Noor John Bano & Anr. …..Petitioner(s) Through: Mr. Sanchit Verma, Advocate. Vs UT of J&K & Ors. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Chetna Manhas, Advocate. CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 17.09.2025 01. In the instant petition, the petitioners seek a direction upon respondent Nos. 1 to 4 to provide them police protection as they apprehend danger to their lives from respondent Nos. 5 to 9. It is submitted that the petitioners are major and that they are residing together out of their own free will. Copies of the date of birth certificates of both the petitioners issued by the District Institute of Education and Training, Banihal and District Institute of Education and Training, Reasi, have been placed on record. It is further submitted that since they are residing together against the wishes of respondent Nos. 5 to 9, as such, they are facing harassment at their hands. Sr. No. 118 2 WP(C) No. 2576/2025 02. I have heard the learned counsel for the parties and perused the record on file. 03. Perusal of the documents annexed with the writ petition reveals that while the female petitioner is a major, the male petitioner is below the legal age of marriage i.e. 21 years. Therefore, no valid marriage can be presumed to have taken place in the eyes of law. However, the Hon’ble Supreme Court and various High Courts have consistently held that two consenting adults have the right to live together even outside the institution of marriage, under the right to life and personal liberty guaranteed under Article 21 of the Constitution of India. The State authorities, particularly the police, are duty bound to ensure that such persons are not harassed or harmed and their fundamental rights are protected. 04. In view of the above, this petition is disposed of at this stage itself with a direction to respondent Nos. 1 to 4 to consider the grievance of the petitioners for providing them adequate security, if approached, and ensure that no harm is caused to their life and liberty by respondent Nos. 5 to 9 or any other person. It is clarified that no observation is being made on the legality of the relationship between the petitioners, and it shall be open 3 WP(C) No. 2576/2025 to the police to verify the factual position through proper inquiry. 05. The writ petition is accordingly, disposed of. (SANJAY DHAR) JUDGE JAMMU 17.09.2025 SUNIL Whether the order is speaking : Yes Whether the order is reportable : No