Rutba Hilal and Another v. Union Territory of J and K (Home) and Others

ORDER

21.08.2026

¶1The petitioners, both being of age of majority, have exercised their free will to enter into marital relationship and for that are said to have earned displeasure of their respective families.

¶2To lend confirmation to the fact of their marriage having been solemnized out of their free will and volition, the petitioners have put on record a copy of "Nikha-Nama" dated 16.08.2026.

¶3Along with the writ petition, the petitioner No. 1's-(Rutba Hilal) school certificate issued by the Govt. High School Tangpora evidencing her date of birth is also annexed which confirms the fact that the petitioner no. 1 is and was major at the time of solemnizing marriage with the petitioner No. 2-Aqib Ahmad Khan who in turn is also major. Sr.No. 125 Suppl. List

¶4The petitioners are in hiding because they fear for their lives and physical safety. They apprehend that private respondents No. 6 & 7 who is carrying hard feelings against the petitioners for their act of marrying each other against parental side approval may cause them harm.

¶3Keeping in view the mandate and dictate of the Hon'ble Supreme Court as laid down in case of Lata Singh vs. State of UP & Anr. reported as 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the government administration and police authorities throughout the Country to see to it that if any boy or girl, who is a major, undergoes inter-caste or inter-religious marriage with a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of violence, and in case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats/harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law.

¶4Article 144 of the Constitution of India mandates all authorities, civil and judicial in the territory of India to act in aid of the Hon'ble Supreme Court. Bearing this constitutional sanction in perspective and the directions of the Hon'ble Supreme Court set into place, it is a matter of duty for the Police officials as well as officials of the concerned Civil administration, irrespective of hierarchical position, to ensure that marrying individuals, who are major and have chosen

to become husband and wife out of their free will and volition, do not live in fear or face harassment.

¶5This petition at the threshold is disposed of alongwith connected application with a direction to the respondent No.2-Superintendent of Police (SP), Baramulla to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer (SHO), Police Station, Pattan, Baramulla; respondent No.4-Station House Officer (SHO), Police Station, Baramulla and respondent No.5-Designated Officer

(DO) Police Post Delina Baramulla, that the petitioners, namely Rutba Hilal and Aqib Ahmad Khan are not subjected to any harassment/intimidation/threats at the hands of the private respondents No. 6 and 7 or any other person acting for and on their behalf.

¶6Disposed of.

(Rahul Bharti) Judge Srinagar

21.08.2026 Muzammil. Q

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 2059/2026 CM No. 5584/2026 Rutba Hilal & Anr. ….Petitioner/Appellant(s) Through :- Mr. Bhat Khursheed, Advocate. V/s UT of J&K & ors. ….Respondent(s) Through :- None. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE