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2026 DAILYLAW 1616 (JK)

SAMIRA ANJUM AND ANR v. UT OF J AND K TH COMMISSIONER HOME DEPTT AND ORS

WP(C)/1839/2026 · 2026-07-03

Wasim Sadiq Nargal

body2026

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1839/2026 Samira Anjum and another …..Appellant(s)/Petitioner(s) Through: Mr. Mohd. Arif, Advocate Vs UT of J&K and others .…. Respondent(s) Through: Ms. Priyanka Bhat, Assisting Counsel to Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.07.2026 1. The petitioners seek a direction to the official respondents to provide them police protection as they apprehend danger to their lives at the hands of private respondents. It is submitted that petitioners are major and have entered into wedlock out of their free will and volition. The petitioners solemnized marriage according to Muslim rites and rituals on 23.05.2026. Copy of Marriage Agreement/Nikahnama dated 23.05.2026 is placed on record. 2. Hon’ble Supreme Court in Lata Singh v. State of UP. and anr., 2006 (5) SCC 475 has observed that in the 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 their life and liberty. 3. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and police agency is obliged to protect the Sr. No. 171 WP (C) No. 1839/2026 life and liberty, if approached. However, it appears that petitioners have not approached the official respondents for the indulgence in the matter for providing protection to them. 4. In this view of the matter, the petition is disposed of, at this stage, by providing that 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. This Court has not expressed any opinion about the validity or authenticity of the marriage and the documents/certificates annexed with the petition. This order, however, shall not come in the way of the official respondents for investigation of FIR/criminal complaint, if any, filed against the petitioners. 5. The writ petition is, accordingly, disposed of along with all connected application(s). 6. Learned counsel appearing on behalf of the petitioners undertakes to produce the age proof of petitioner No. 1 before the Registrar Judicial of this Court within ten days. In case, the age proof is not produced before the Registrar Judicial within the stipulated period, the protection granted by this Court shall stand withdrawn after 10 days from the date of passing of this order. (Wasim Sadiq Nargal) Judge Jammu 03.07.2026 Nikhil