INSHA AMIN AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS
WP(C)/1743/2025 · 2025-07-25
Wasim Sadiq Nargal
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 8358 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8358 (JK) · dailylaw.ai ]
Judgment text
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Serial No. 93 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1743/2025 CM(4554/2025) INSHA AMIN AND ANR …Appellant(s)/Petitioner(s) Through: Mr. Mushtaq Hussain, Advocate Vs.
UNION TERRITORY OF J AND K (HOME) AND ORS
...Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE.
ORDER 25.07.2025
1. The petitioners seek a direction to the official respondents to provide them the police protection as they apprehend danger to their lives from the parents and other relatives of the petitioners . It is submitted that the petitioners are major and out of their free will, they got married. Copy of Nikah nama has been placed on record. The petitioners submit that since they have contracted the marriage against the wishes of the families of petitioners, as such, they are facing harassment at their hand.
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. 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 view of the above, this writ 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. 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 along with connected CM.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR: 25.07.2025
“Adil Ismail”