Serial No. 01 Regular Cause List HIGH COURT OF JAMMU& KASHMIR AND LADAKH AT SRINAGAR LPA No. 336/2024 in WP (C) No. 1970/2024 CM No. 7663/2024 Akhter Farooq Khatana … Appellant(s) Through: - Ms Humaira Shafi, Advocate. V/s Raziya Akhter & Anr. … Respondent(s) CORAM: Hon’ble Mr Justice Sanjeev Kumar, Judge Hon’ble Mr Justice Puneet Gupta, Judge (ORDER) 05.02.2025 Sanjeev Kumar-J: 01. This intra Court appeal is directed against an Order dated 18th of September, 2024 passed by the learned Single Judge (for short “the Writ Court”) in WP (C) No. 1970/2024 titled ‘Raziya Akhter & Anr. V. Union Territory of J&K & Ors.’, whereby the Writ Court has allowed the Writ Petition filed by the Respondent No.1 herein, along with one Zakir Ahmad Chard and directed the official Respondents to provide adequate security cover to them in accordance with law laid down by the Supreme court in the case of Lata Singh v. State of UP, (2006) 5 SCC 475, subject to the condition that the parties have solemnized marriage in accordance with prevalent laws. The Order further provides that if there is an FIR against the Petitioners therein, the police may go ahead with the investigation of the case. 02. The Appellant is aggrieved of and has challenged the aforesaid Order, primarily, on the ground that the Appellant is the legitimate first husband of Respondent-Raziya Akhter, who has illegally and without any authority of law, contracted marriage with Zakir Ahmad Chard and, therefore, the Respondent No.1 herein was not entitled to any protection. 03. The learned Counsel for the Appellant submits that there is already litigation going on between the parties before the Criminal Court, where a Complaint is lodged by the Appellant. 04. Having heard the learned Counsel for the parties and perused the material on record, we are of the considered opinion that the impugned Order passed by the Writ Court takes care of the interest of the Appellant more than the Respondent No.1 herein. The protection provided to the Respondent No.1 herein, who claims to have contracted marriage with Zakir Ahmad Chard, is conditional and one of the conditions is that it is only after the official Respondents verify and conclude that the Respondent No.1 herein and said Zakir Ahmad Chard have legitimately contracted marriage, then alone the protection shall be provided. The impugned Order further provides that if there is any FIR against the Respondent No.1 herein and Zubair Ahmad Chard, the police may go ahead with the investigation under rules. 05. Viewed from any angle, the impugned Order tilts more in favour of the Appellant than the Petitioners before the Writ Court. We are at a loss to understand as to how the Appellant could be aggrieved of such an Order which heavily weighs in his favour. 06. We, for the aforesaid reasons, find no merit in this appeal. The same is, accordingly, dismissed, along with the connected CM. (Puneet Gupta) (Sanjeev Kumar) Judge Judge SRINAGAR February 5th, 2025 “TAHIR” Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document