SHAH JAHAN BEGUM AND ANOTHER v. UT OF J AND K TH DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS
WP(C)/115/2026 · 2026-01-30
Ma Chowdhary
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 403 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 403 (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. 115/2026 CM No. 283/2026
01. Shah Jahan Begum W/O Mohd Tariq D/O Ghulam Mohd.
02. Mohd Tariq S/O Sh. Said Mohd. Both the residents of Village Bedar, Balnai, Tehsil Mandi District Poonch.
…..Appellant(s)/Petitioner(s)
Through: Mr. Umar Shakeel, Advocate.
vs
01. Union Territory of J&K through Director General of Police, J&K, Gulshan Ground, Gandhi Nagar, Jammu.
02. The Senior Superintendent of Police (SSP), Poonch.
03. The Station House Officer, Mandi.
04. Ghulam Mohd S/O Late Abdul Samad.
05. Sultan Mohd S/O Shah Mohd.
06. Hanifa Begum W /O Sultan Mohd.
07. Mohd Khalil.
08. Mohd Rafiq.
09. Tasweer Ahmed.
10. Liaqat Ali. All Sons of Sultan Mohd All residents Village Bedar, Balnai Tehsil Mandi, District Poonch. .…. Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER (30.01.2026)
01. Through the medium of the instant petition, the petitioners seek a direction upon respondent Nos. 2 & 3 to provide them the police Serial No. 23
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protection as they apprehend danger to their lives from respondent Nos. 4 to 10. It is submitted that the petitioners are major and have married out of their own free will. Copy of Nikah Nama dated 23.09.2025 and proof of petitioners' dates of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 4 to 10, as such, they are facing harassment at their hands.
02.
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 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 the life and liberty of the petitioners.
03. Perusal of the documents annexed with the writ petition, prima facie, reveals that the petitioners are of the age of majority and they have contracted the marriage according to Muslim Personal Law, rites and customs. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.
04. Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondent Nos.2 & 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if
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the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.
05. The writ petition is ‘disposed of’.
(M A CHOWDHARY) JUDGE
Jammu 30.01.2026 Renu.
Renu Bala 2026.01.31 10:30 I attest to the accuracy and integrity of this document