Deepak Singh and Another v. Ut of J and K Th Director General of Police, Jammu and Others

ORDER (04.06.2025)

¶1The petitioners, both being of age of majority, have exercised their free will to enter into marital relationship and for that 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 Serial No. 107

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have put on record a notarized marriage agreement dated

02.06.2025.

¶3Along with the writ petition, the petitioner No. 2's 10th Class marks card evidencing her date of birth is also annexed which confirms the fact that the petitioner No. 2 is and was major at the time of solemnizing marriage with the petitioner No. 1.

¶4The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondents No. 4 to 6 who are said to be carrying hard feelings against the petitioners for their act of marrying each other.

¶5Keeping in view the mandate and dictate of the Hon'ble Supreme Court of India as laid down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Govt. 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

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criminal proceedings by the Police against such persons and further stern action to be taken as provided by law.

¶6Article 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 of India.

¶7Bearing this constitutional sanction in perspective and the directions of the Hon'ble Supreme Court of India 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 are not to fear anybody causing any harm to their life and limb.

¶8This petition, thus, at the inception stage, is disposed of with a direction to the respondent No. 2-Senior Superintendent of Police (SSP), Jammu to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer (SHO), Police Station, R.S. Pura, Jammu, that the petitioners, namely Deepak Singh and Mansi Choudhary are not subjected to any harassment/intimidation/threats at the hands of the respondents No. 4 to 6 or any other person acting at the behest and/or on behalf of the respondents No. 4 to 6. Further more in case the Station House Officer (SHO), Police Station, R.S. Pura, Jammu, or

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any other Police Station has registered any FIR at the instance of the respondents No. 4 to 6 against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out or facilitated by the Station House Officer (SHO), Police Station, R.S. Pura, Jammu.

¶9Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

04.06.2025

Shivalee

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 1460/2025 CM No. 3445/2025 1. Deepak Singh, Age 27 years, S/o Sh. Jagir Singh. 2. Mansi Choudhary, Age 20 years W/o Sh. Deepak Singh, D/o Sh. Sham Lal, Both residents of Near Govt. Primary School, Tehsil R. S. Pura, District Jammu. …..Petitioner(s) Through: Mr. Mohinder Kumar, Advocate. Vs 1. Union Territory of Jammu and Kashmir through Director General of Police, Police Headquarters, Jammu. 2. The Senior Superintendent of Police (SSP), Jammu. 3. The SHO, Police Station, R. S. Pura, Jammu. 4. Sham Lal, S/o Sh. Des Raj. 5. Sushma Devi, W/o Sh. Sham Lal 6. Ashok Kumar S/o Sh. Des Raj All residents of Bidhipur Jattan, Chandu Chak, Tehsil R. S. Pura, District Jammu. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE