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2025 DAILYLAW 6768 (JK)

RIFAT BANO AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/699/2025 · 2025-04-07

Javed Iqbal Wani

Writ Petition (Civil)body2025

Judgment text

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1 S. No. 6 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 699/2025 CM(1734/2025) RIFAT BANO AND ANR …Petitioner/Appellant(s) Through: Mr. Talib Hussain, Advocate. Vs. UNION TERRITORY OF J AND K (HOME) AND ORS ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy.AG. CORAM: HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 07.04.2025 1. Upon coming of this matter for consideration today, it came to be reported by counsel for the petitioners that petitioner 1 herein on the previous date though was present in the court, however, was upon intervention of her parents directed to remain in shelter home at Kupwara and is presently therein at shelter home, as a consequence whereof, counsel for the respondents Mr. Bikramdep Singh, Dy.AG, came to be directed to ensure the presence of petitioner 1 before this Court through virtual mode. 2. Petitioner 1 is present through virtual mode and petitioner 2 is physically present in the Court. Heard counsel for the parties and perused the record available on the file. 3. Petitioner 1 herein stated at bar that she has married with petitioner 2 out of her own freewill and Nikkah Namah has been performed at Delhi and owing to her said choice marriage family of petitioner 1 got offended and started extending threats and harassment to the petitioners and though the petitioners sought their protection from respondents 1and 2 in this regard, no such protection was provided to them necessitating the filing of instant petition before the Court. 4. Counsel for the petitioners refers to the decision of the Supreme Court passed in case titled as in Lata Singh v. State of U.P. and another 2 2006 (5) SCC 475, and would 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. 5. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police 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. 6. In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents shall 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. 7. It is made clear that no opinion has been expressed with regard to the validity of their marriage. 8. Incharge Shakti Sadan, Kupwara is directed to have no more custody of petitioner 1 and allow her to move out thereof to join the company of the petitioner 2. 9. A copy of this order to furnished to Mr. Bikramdeep Singh, DyAG, under the seal and signature of Bench Secretary of this Court for its compliance and necessary action. (JAVED IQBAL WANI) JUDGE SRINAGAR 07.04.2025 Ishaq