ARAFATA RASHID AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS
WP(C)/125/2025 · 2025-01-23
Rajesh Sekhri
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6052 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6052 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No.51 Supp. Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 125/2025 CM No. 260/2025 Arfata Rashid and Another …Petitioner(s) Through: Mr. Junaid, Advocate Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
ORDER 23.01.2025
1. The petitioners claim to be major having solemnized their marriage in accordance with the Shariat Law as per their own will and volition. It is submitted that Nikah Nama was executed on 29.11.2024 in presence of witnesses. The petitioners submit that they apprehend interference from the respondents. With a view to substantiate their claim that the petitioner No. 01 is major, reliance is placed on the copy of Date of Birth certificate issued by the Office of the Headmaster Govt. Girls High School, Chowgam, Kulgam, which indicates the date of birth of petitioner as 27.03.1990.
2. 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 are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.
3. Having heard learned counsel for petitioners and after perusing the material placed on record, prima facie it appears that petitioner No. 01 is a major and has solemnized her marriage with petitioner No. 02 out of her own will and volition. Both the petitioners are before this Court and have made a statement that they have solemnized their marriage out of their own will and volition and that they are still together as husband and wife.
4. In view of the above, the present petition is disposed of with a direction to the respondents to protect life and liberty of the petitioners. It is, however, made clear that this Court has not observed anything regarding the validity or otherwise of the date of birth certificates or the documents annexed with the petition and respondents shall be at liberty to proceed with the investigation of FIR, if any registered pertaining to the present case.
(RAJESH SEKHRI)
JUDGE
SRINAGAR: 23.01.2025
“ARIF”