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2025 DAILYLAW 4962 (JK)

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

WP(C)/2724/2025 · 2025-09-29

Sanjay Dhar

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2724/2025 CM No. 6255/2025 Saheen Akhter & Ors. …..Petitioners Through: Mr. Ehtsham Ul Haq, Advocate Vs UT of J&K & Ors. .…. Respondents Through: Ms. Chetna Manhas, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (29.09.2025) 01. The petitioners, through the medium of the present petition, have sought a direction upon respondent No. 5- Senior Superintendent of Police, Poonch, to deduct 50% of the monthly salary of the respondent No. 6-Mohd. Reyaz-(Head Constable), and to deposit the same in the bank account of the petitioner No. 1 as maintenance. A further direction upon respondent No. 5 to conduct an inquiry into the illegal second marriage contracted by respondent No. 6 without permission from the competent authority has also been sought. 02. Learned counsel for the petitioners during the course of arguments has submitted that so far as maintenance to the petitioners is concerned, they may be granted liberty to approach the appropriate forum for grant of maintenance in their favour. However, the petitioners Serial No. 12 2 WP(C) No. 2724/2025 seek an action against the respondent No. 6-Mohd Reyaz, for having entered into a wedlock second time during the subsistence of his first marriage without the permission of the competent authority. 03. In view of the above, the writ petition is disposed of with a direction to respondent Nos. 2 to 5 to look into the grievance of the petitioners with regard to second marriage of respondent No. 6 during the subsistence of his first marriage with the petitioner No. 1-Shaheen Akther, without obtaining permission of the competent authority and thereafter, take action in accordance with law. The petitioners are, however, at liberty to approach the appropriate forum for seeking maintenance in their favour from respondent No. 6. 04. Disposed of. 05. Copy of this order be sent to respondent No. 2-Director General of Police, J&K, Jammu, for information and compliance. (SANJAY DHAR) JUDGE JAMMU 29.09.2025 SUNIL Whether the order is speaking ? : Yes/No Whether the order is reportable ? : Yes/No