IMRAN ALI AND ANR. v. UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME)
WP(C)/1236/2025 · 2025-05-27
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7579 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7579 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 162 Suppl. List IN HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1236/2025 CM No. 3289/2025 Imran Ali and Anr. …Petitioner(s) Through: Mr. Tawheed Ahmad, Adv. Vs. Union Territory of JK and Ors. ...Respondent(s)
Through:
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER 27.05.2025
01. The petitioners seek a direction to respondents 1 to 6 to provide them the police protection as they apprehend danger to their lives from respondent no 7. 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. They submit that since they have contracted the marriage against the wishes of respondent no. 7, as such, they are facing harassment at his hands.
02. The petitioner no. 2, has converted the religion from Hinduism to Islam out of her own freewill without any force or coercion. This fact is evident from a bare perusal of the certificate of Conversion issued in her favour and enclosed as Annexure-III to the writ petition. The petitioner no. 2 also got her name changed from Rohini Sharma to Haniya Bano, which is also evidenced from the cause title of the writ petition.
03. 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. 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.
4. In this view of the matter, this petition is disposed of, at this stage, by providing that the respondents 1 to 6 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 their marriage.
5. The writ petition is, accordingly, disposed of.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR: 27.05.2025
“Shamim Dar”