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2025 DAILYLAW 7577 (JK)

KULSUMA AKHTER AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/1283/2025 · 2025-06-04

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No.378 SUPPLEMENTARY CAUSE LIST-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(3435/2025) In WP(C) 1283/2025 CM(3431/2025) Kulsuma Akhter & Anr. …Petitioner(s) Through: Mr. Aqib Farooq, Advocate. Vs. Union Territory of J&K and Others. ...Respondent(s) Through: CORAM: Hon’ble Mr. Justice Wasim Sadiq Nargal, Judge. ORDER 04.06.2025 01. Needful in terms of Order dated 2nd June, 2025 has not been done. 02. Learned counsel for the petitioners undertakes to produce the age proof of the petitioner No. 1 before the Registrar Judicial of this Court within a period of one week. 03. It is made clear that in the event the learned counsel for the petitioners fails to produce the age proof of the petitioner No. 1 before the Registrar Judicial within the time so granted, the protection hereby granted shall cease to remain in operation. 04. The petitioners seek a direction to the Respondents 1 to 4 to provide them police protection as they apprehend danger to their lives from Respondents 5 and 6. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Nikahnama has been placed on record. The petitioners submit that since they have contracted the marriage against the wishes of Respondents 5 and 6, as such, they are facing harassment at his hands. 05. Learned counsel for the petitioners refers to the decision of the Supreme Court passed in case titled “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. 06. 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. 07. In view of the above, this petition is disposed of, at this stage, by providing that Respondent 1 to 4 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. It is made clear that no opinion has been expressed with regard to the validity of marriage of the petitioners. 08. The writ petition is, accordingly, disposed of along with connected CM. (Wasim Sadiq Nargal) Judge SRINAGAR: 04.06.2025 “HAMID”