Shaida Parveen and Anr v. Ut of J and K and Others

ORDER

05.06.2026

¶01Petitioners are present in person too.

¶02Through the medium of the instant petition, filed under Article 226 of the Constitution of India, the petitioners have sought the issuance of writs/directions in the nature of:- a) Mandamus for commanding upon the official respondents 2 and 3 to provide adequate protection to them, who have solemnized marriage contrary to the wishes of private respondents 4 to 7 and also of their other relatives, who are extending open threats to them. b) Mandamus for commanding the official respondents to ensure that no harassment is caused to them at the hands of private respondents and their other relatives, who are hell bent upon inflicting the physical injury to them for having solemnized marriage against their wishes. .

¶03It is the case of the petitioners that they being major have contracted marriage out of their own free will and choice on 21.05.2026 in accordance with the Law. That the family of the petitioner No.1 has always remained against the 2 WP(C) 1706/2026

relationship of the petitioners even prior to their marriage as a result of which the petitioner No.1 was subjected to great mental torture and agony. That petitioner No.1 chose to leave the parental home against the wishes of respondents 4 to 7 to live with the petitioner No.2 being her husband.

¶04The statements of the petitioners were got recorded by the learned Registrar Judicial in attestation of their petition.

¶05The petitioners have placed on record the scanned copies of their School Certificates and Aadhar Cards as also of the alleged "Nikah Nama". Perusal of the copies of the School Certificate and Aadhaar Cards reveals that the Date of Birth of the petitioner No.1-Shaida Parveen is 15th December, 2001, whileas that of petitioner No.2-Asaf Niwaz is 15th December, 1994.

¶06It 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 safeguard the life and liberty of the petitioners and to prevent any sort of undue harassment to them.

¶07In 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 of appropriate orders in accordance with the law. 3 WP(C) 1706/2026

¶08Accordingly, the instant petition is disposed of at this threshold stage with the direction that the official respondents 2 & 3 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.

¶09However, in view of the ratio decidendi of the judgment 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 involving the adjudication of facto legal issues.

¶10Disposed of along with connected CM.

(Mohd. Yousuf Wani)

Judge

JAMMU:

05.06.2026 Shammi

Sr. No. 134 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No.1706//2026 Shaida Parveen and another …Petitioner(s) Through: Mr. Sayed Majid Shah, Advocate VS. Union Territory of J&K and others ...Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG CORAM: Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.