OMESH SINGH AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME AFFAIRS DEPARTMENT, JAMMU AND OTHERS
WP(C)/2749/2025 · 2025-09-30
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Case:- WP(C) No. 2749/2025 CM No. 6309/2025
Omesh Singh & Anr
…..Petitioner(s)
Through: Mr. Digvijay Partap Singh Bandral, Advocate
Vs
UT of J&K & Ors
.…. Respondent(s)
Through: Ms. Priyanka Bhat, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG for R-1 to 4
Coram:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER 30.09.2025
01. Petitioners through the medium of this petition under Article 226 of the Constitution of India seek directions from this Court to command Respondents 2 to 4 to provide them the police protection as they apprehend danger to their lives from the petitioners’ relatives particularly private respondents 5 and 6. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Marriage Certificate dated 24.09.2025 has been placed on record. It is further submitted that since the petitioners have contracted marriage against the wishes of Respondents 5 and 6, as such, they are facing harassment at their hands. The petitioners, in support of their date of birth, have placed on record copies of their Aadhar Cards.
02. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P. and Anr., 2006 (5) SCC 475, and submits that in absence of there being any legal impediment, the petitioners S. No. 146
2 WP(C) No. 2749/2025
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. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the Police Department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.
04. In this view of the matter, the instant petition is disposed of, at this stage, by directing Respondents 2 to 4 to look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage.
05. The writ petition is, accordingly, disposed of along with connected CMs.
(WASIM SADIQ NARGAL) JUDGE JAMMU
30.09.2025
Vijay
Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No
Vijay Kumar 2025.09.30 17:25 I attest to the accuracy and integrity of this document