Fiza Mohammad v. Union Territory of J and K and Others (Police / Home)

ORDER

02.03.2026

¶1Petitioners are present in person.

¶2Through the medium of the instant petition, filed under Article 226 of the Constitution of India, the petitioners seek issuance of writs/directions in the nature of:

I. Mandamus:-thereby commanding the official respondents to provide adequate protection to the person/ life and liberty of the petitioners against the acts of private respondent and their relatives and friends. II. Mandamus:-commanding the respondents not to harass/ intimidate and threaten the petitioners in any manner whatsoever, and allow the petitioners to lead a peaceful matrimonial and domestic life III. Prohibition-thereby prohibiting the respondents from arresting the petitioner No. 02 and from registering any false case against the petitioner No. 02 or any of his relatives and friends on the instance of private respondent in respect of the marriage with petitioner No. 01.

¶3It is the case of the petitioners that they being major have solemnized marriage out of their own free will and choice in accordance with the Muslim Personal Law guaranteeing them on 17th Dec. 2025. That they have placed on record photocopy of "Nikah Nama" forming annexure-II to their petition. That the respondent No. 5 who happen to be the brother of petitioner No.1 wanted to get her married somewhere else without her consent. That the petitioners also apprehend that the private respondent

No. 5 may lodge a false and frivolous complaint before the police concerned to get an FIR registered against the petitioner No.1.

¶4The petitioners who are present in person and whose identification was checked, corroborated the contents of their petition. Their statements were got recorded by the Learned Registrar Judicial of this court in attestation of this petition.

¶5The petitioners have placed on record the scanned copies of their Adhaar Cards, Date of Birth Certificates as also of the alleged "Nikah Nama". Perusal of the copies of Date of Birth Certificate sreveals that the Date of Birth of the petitioner No.1 Fiza Mohammad is 24.10.2003, while as that of petitioner No.2 Liyaqat Ahmad Dar is 20.02.1995.

¶6It is submitted by the learned counsel for the petitioners that since the petitioners being major have contracted marriage out of their own free will and choice, as such the instant writ petition be disposed of at this thresh-hold stage in view of the law laid down by the Hon'ble Supreme Court of India in case "Lata Singh vs. State of UP and ors (2006) 5 SCC 475";and "Arumugam Servia v. State of Tamil Nadu (2011) 6 SCC 405" decided on 19th April 2011, by passing the appropriate directions upon the respondents to safe guard the life and liberty of the petitioners, to prevent any sort of undue harassment to them, and also interference with their matrimonial life.

¶7In the facts and circumstances of the case, this court is of the opinion that the instant matter can be disposed of at this threshold stage by passing appropriate orders in accordance with the law.

¶8Accordingly, the instant petition is disposed of at this thresh hold stage with the following directions: I. The official respondents 1 to 4 shall ensure that no unjustified harassment is being caused to the petitioners and they shall be provided the protection as and when asked for the same; II. The private respondent No. 5 shall desist from causing any illegal and unjustified harassment to the

petitioners, so that their right to life and personal liberty is not interfered with.

¶9However, in view of the ratio decidendi of the law laid down by the Hon'ble Supreme Court of India in Doly Rani vs. Manish Kumar Chanchal [2024 Live Law (SC) 334 =2024 SCC Online SC 754] decided on 19.04.2024, this order shall not be construed as any opinion of this Court regarding the validity of marriage as per Personal Law guaranteeing the parties.

¶10Disposed of along with connected CM.

(MOHD YOUSUF WANI)

JUDGE SRINAGAR

02.03.2026 "Mubashir "

Serial No. 13 Regular Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C ) No. 371/2026 FIZA MOHAMMAD AND ORS. …Petitioner(s)/Appellant(s). Through: Mr. Sameer Qayoom, Advocate Vs. UT OF J AND K AND ORS. ...Respondent(s). Through: CORAM: HON'BLE MR. JUSTICE MOHD YOUSUF WANI, JUDGE