REEBA BHATT AND ANOTHER v. UT OF J AND K TH. DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS
WP(C)/3094/2026 · 2026-09-28
Ma Chowdhary
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3439 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3439 (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. 3094/2026 CM No. 6848/2026
1. Reeba Bhat Age 19 years D/O Mohd. Amin R/O Village Dhara Sakri, Kotranka, Dharsakri, Tehsil & District Rajouri
2. Zabir Ahmed, Age 26 years S/O Kala Khan R/O Village Dhara Sakri, Kotranka, Dharsakri, Tehsil & District Rajouri
…..Appellant(s)/Petitioner(s)
Through: Mr. Jameel Ahmed, Advocate
vs
1. U.T. of Jammu & Kashmir Through Director General of Police Police Headquarters, Srinagar/Jammu
2. The Senior Superintendent of Police (SSP), Rajouri.
3. The Station House Officer, Kotranka.
4. Mohd Amin S/O Mohd Ayoub
5. Roji Akhter W/O Mohd Amin
6. Abdul Rahim S/O Mohd Ayoub
7. Mohd Rafiq S/O Mohd Ayoub
8. Abdul Ghani S/O Mohd Ayoub
9. Mohd Latief S/O Mohd Ayoub
10. Javid Ahmed S/O Mohd Rahim
11. Mohd Raju S/O Abdul Ghani
12. Mohd Arif S/O mohd Rafiq All residents of Village Dhara Sakri, Kotranka, Dharsakri, Tehsil & District Rajouri
13. Imran Bhatt S/O Qayoom Bhatt
Serial No. 09
2 WP (C) No. 3094/202 CM No. 6848/2026
R/o Village Budhal, Tehsil & District Rajouri
.…. Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (28.09.2026)
01. The Petitioners claim that they, being major, have contracted marriage out of their free will and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment at the hands of their relatives, as the Petitioners have contracted marriage against their wishes. The Petitioners, therefore, seek protection and security cover from the official Respondents. 02. Heard and perused the record. 03. Perusal of the record annexed with the Writ Petition reveals that the Petitioners are major and have contracted marriage on 23.03.2026 according to their Personal Law, rites and customs. 04. When two adults, consensually, choose each other as life partners, it is the manifestation of their choice that is recognised under Articles 19 and 21 of the Constitution. Such right has sanction of constitutional law and once that is recognised, the said right needs to be protected and it cannot succumb to conception of class, honour or group thinking. Consent of family or community or clan is not necessary, once two adult individuals agree to enter into wedlock and their consent has to be piously given primacy. The concept of liberty has to be weighed and tested on the touchstone of constitutional sensitivity, protection and values it stands for. 3 WP (C) No. 3094/202 CM No. 6848/2026
05. It is the obligation of the Constitutional Courts as the sentinel on qui vive to zealously guard the right to liberty of an individual, as the dignified existence of an individual has an inseparable association with liberty. Thus, it is emphatically clear that life and liberty sans dignity and choice is a phenomenon that allows hollowness to enter into the constitutional recognition of identity of a person. The choice of an individual is an extricable part of dignity, for dignity cannot be thought of where there is erosion of choice and no one shall be permitted to interfere in the fructification of the said choice. If right to express one’s own choice is obstructed, it would be extremely difficult to think of dignity in its sanctified completeness. 06. When two adults marry out of their volition, they choose their path; they consummate their relationship; they feel that it is their goal; and they have the right to do so.
And, it can unequivocally be stated that they have the right and any infringement of the said right is a constitutional violation, in view of the law laid down by the Hon’ble Supreme Court in cases titled ‘Lata Singh v. State of U. P., (2006) 5 SCC 475’ and ‘Shakti Vahini v. Union of India & Ors., AIR 2018 SC 1601. 07. Keeping in view the prayer made, this Writ Petition is disposed of with a direction to the official Respondents to provide adequate protection on assessment of threat perception, to the Petitioners. 08. Needless to say, that the disposal of the instant Petition does not authenticate the marriage of the Petitioners or their age/majority to
4 WP (C) No. 3094/202 CM No. 6848/2026
enter into marriage, which, however, is otherwise subject to fulfilment of stipulations as envisaged under the prevalent laws. 09. Writ Petition is, thus, disposed of on the above terms, along with the connected application(s). (M A CHOWDHARY) JUDGE
Jammu 28.09.2026 Nikhil