NAZMEEN AKHTER v. UT OF J AND K TH. PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS
WP(C)/3101/2026 · 2026-09-28
Ma Chowdhary
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 3434 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3434 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 3101/2026 CM No. 6857/2026
Date of Decision: 28.09.2026 Uploaded on: 29.09.2026 Nazmeen Akhter, D/O Mohd Mahboob, R/O Village Jhulas, Tehsil Haveli District Poonch At present Village Dara Dullian, Tehsil Haveli, District Poonch.
…....Petitioners Through: Mr. Koshal Parihar, Advocate. Vs.
1. UT of J&K through Principal Secretary, Home Department, Civil Secretariat, Jammu/Srinagar.
2. Director General of Police, Union Territory of Jammu & Kashmir Police Headquarters, Jammu/Srinagar.
3. Inspector General of Police, Jammu Zone , Jammu.
4. Dy. Inspector General of Police, Rajouri-Poonch Range, HQ Rajouri.
5. Sr. Superintendent of Police, Poonch.
6. Incharge/SHO, Police Station, Haveli, District Poonch.
7. Mohd Mahboob, S/O Mohd. Latief R/O Village Jhulass, Tehsil Haveli, District Poonch.
Serial No. 10
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8. Mohd. Farman, S/O Mohd Mahboob, R/O Village Jhulass, Tehsil Haveli, District Poonch.
9. Razwan Ahmed, S/O Mohd Mahboob, R/O Village Jhulass, Tehsil Haveli, District Poonch.
.…. Respondents Through: Ms. Nisha Kangotra, AC to Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
JUDGMENT
1. The petitioner, through the medium of this petition, seeks direction in the nature of mandamus commanding respondents 2 to 6 to provide sufficient and adequate protection to the petitioner and to ensure that respondents 7 to 9, who are father and brothers of the petitioner, do not cause harm or force the petitioner to marry her against her wish and will, as the petitioner is facing threats to her life, liberty and personal choice at their hands; and further direction to provide protection and safeguard her life, so as to enable her to live at residence of her fiancé Ajaz Ahmed S/O Mohd Hanief R/O Village Dara Dullian Tehsil Haveli District Poonch, where she is presently putting up, till such time, Ajaz Ahmed attains the age of majority and marry her.
2. The petitioner pleads that she is 19 years old, having born on 01.03.2007 and in support of her contention, she has placed on record a copy of her Achievement Card issued by the office of Principal, DIET, Poonch, indicating her Date of Birth as 01.03.2007 and the certificate issued by the Board of School Education,
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whereby, the DOB of the said Ajaz Ahmed, to whom she intends to marry, has been indicated as 08.09.2011. She has also placed on record an application moved to SSP, Poonch on 15.09.2026, raising allegations against her family, with regard to her natural love and affection towards the said Ajaz Ahmed, in whose house, she has been presently staying.
3.
Learned counsel for the petitioner, while making reference to the Supreme Court Judgments in ‘Lata Singh V. State of U.P.’ reported as (2006) 5 SCC 475; ‘Bhagwan Dass V. State (NCT of Delhi)’, reported as (2011) 6 SCC 396; and ‘Asha Ranjan V. State of Bihar’ reported as (2017) 4 SCC 397, has argued that a girl attaining the age of majority has every right to live life, as per her choice, and cannot be subjected to the will of her parents or family against her wish. He, further, submits that the petitioner has been facing threats, at the hands of the private respondents, for having decided to marry of her own choice to one Ajaz Ahmed, who is to attain the age of majority after another three years and submits that the official respondents be directed to provide her protection, so that, she can live safely at the residence of the boy, with whom, she has decided to marry.
4. On the basis of the pleadings and the certificates appended to the petition, it appears that the petitioner, who has just attained the age of majority, has fallen in love with a boy younger to her, having been born in the year 2011, who shall reach the marriageable age, after another six years. In this situation of the matter, the petitioner cannot be allowed to stay at the house, where, she will be a stranger to the family. The official respondents are directed to take over the custody of the petitioner from the place, where, she is presently staying and lodge her, initially for a cooling period of 15 days, in Parisha (Children/Shelter Home for Girls), Poonch, Mission Vatsalya, Department of Social Welfare-J&K, at Village Mangnar, Tehsil Haveli, District Poonch, to reflect upon her decision of leaving
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her parental home, with liberty to her family to have access to her, so that she may have some elderly advice available.
5. It is, further, provided that, after a period of 15 days, the petitioner shall be produced before the Court of learned Chief Judicial Magistrate, Poonch, who is
directed to record her statement, with regard to her decision and in case, required, the official respondents be directed to provide protection and safety, as warranted, to the petitioner, certainly in accordance with law.
6. Copies of this order be sent to SSP Poonch, Incharge PARISHA and learned CJM, Poonch for information and compliance.
7. The petition is, accordingly, disposed of, along with connected application.
Jammu: 28.09.2026 Raj kumar
(
) (M.A Chowdhary) Judge Whether the order is speaking?
Yes/No.
Whether the order is reportable?
Yes/No. Raj Kumar 2026.09.29 16:57 I attest to the accuracy and integrity of this document