RUKHSANA QUADIR AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT)
WP(C)/312/2025 · 2025-02-19
Rahul Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6289 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6289 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 54 Supp.List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP (C) No. 312/2025 Rukhsana Quadir and Another …Petitioner(s)/appellant(s) Through: Mr. Javeed Hameed, Advocate Vs. UT of JK and others ...Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
O R D E R 19.02.2025
1. The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of their respective families. 2. To lend confirmation to the fact of solemnization of their marriage as per Muslim rite and rituals having been performed out of their free will and volition, the petitioners have put on record a copy of marriage agreement dated 24.01.2025. 3. Along with the writ petition, the petitioner no. 1’s Aadhar Card evidencing her date of birth is also annexed which confirms the fact that the petitioner no. 1 is and was major at the time of solemnizing marriage with the petitioner no. 2 and is well versed with her well being and welfare. 4. The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of their parental side relatives, who are carrying hard feelings against Arif Hameed I attest to the accuracy and authenticity of this document 25.02.2025
the petitioners for their act of marrying each other against family will and dictate. 5. Keeping in view the mandate and dictate of the Hon’ble Supreme Court as laid down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Govt. Administration and Police Authorities throughout the Country to see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of violence, and in case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats/harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law. 6.
6. Article 144 of the Constitution of India mandates all Authorities, Civil and Judicial, in the territory of India to act in aid of the Hon’ble Supreme Court. Bearing this constitutional sanction in perspective and the directions of the Hon’ble Supreme Court set into place, it is a matter of duty for the Police Officials as well as officials of the concerned Civil Administration, irrespective of hierarchical position, to ensure that marrying individuals who are major and have chosen to Arif Hameed I attest to the accuracy and authenticity of this document 25.02.2025
become husband and wife out of their free will and volition are not to fear anybody causing any harm to their life and limb. 7. This petition at the threshold is disposed of with a direction to the respondent No. 2- Senior Superintendent of Police, Kupwara to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer, Police Station Kralpora, Kupwara that the petitioners, namely Rukhsana Quadir and Mumtaz Ahmad Katari are not subjected to any harassment/intimidation/threats. (RAHUL BHARTI)
JUDGE
SRINAGAR 19.02.2025 ARIF
Arif Hameed I attest to the accuracy and authenticity of this document 25.02.2025