Rudrika Malagar and Another v. Ut of J and K Th Commissioner Secretary Home Affairs Department and Others

ORDER (03.07.2025)

¶1The Hon'ble Supreme Court of India has reiterated the position of law in the case of "Laxmibai Chandaragi B. and Anr. Serial No. 48

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Vs. State of Karnataka and Ors.", (2021) 3 SCC 360 for the notice of all the public authorities as to how to conduct vis-à-vis marrying individuals going against their parental wishes and solemnizing marriage inter-caste/community/religion which is the case in hand as the petitioner have solemnized inter-caste marriage though belonging to Hindu religion.

¶2The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of their respective families.

¶3To 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 notarized marriage agreement dated

12.06.2025.

¶4Along with the writ petition, the petitioner no. 1's 10th Class Marks card evidencing her date of birth as 30.08.2005 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.

¶5The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondents No. 5 to 7 who are to be carrying hard feelings against the petitioners for their act of marrying each other.

¶6Keeping in view the mandate and dictate of the Hon'ble Supreme Court as laid down in case of Lata Singh vs. State of

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

¶7Article 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 are not to fear anybody causing any harm to their life and limb.

¶8This petition, at the threshold, is disposed of with a direction to the respondent No. 3-Senior Superintendent of Police

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(SSP), Kathua to ensure by issuing appropriate directions to the respondent No. 4-Station House Officer (SHO), Police Station Kathua that the petitioners, namely, Rudrika Malagar and Gagandeep Gupta are not subjected to any harassment/intimidation/threats at the hands of the respondents No. 5 to 7 or any other person acting at the behest and/or on behalf of the respondents No. 5 to 7. Further more in case the Police Station, Kathua or any other Police Station has registered any FIR at the instance of the respondents No. 5 to 7 against the petitioners or either of the two petitioners then also no arrest of the petitioners shall be carried out or facilitated by the Police Station Kathua, District Kathua.

¶9Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

03.07.2025

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1639/2025 1. Rudrika Malagar, age 19 years D/o Sh. Vishal Malagar, R/o Ward. No. 1, Shaheedi Chowk, Near SBI Bank District Kathua. 2. Gagandeep Gupta, age 21 years S/o Sh. Gulzari Lal, R/o Ward. No. 16 Shiva Nagar, Near Amreshwar Mandir, Kathua …..Petitioner(s) Through: Mr. Vastav Sharma, Advocate. Vs 1. Union Territory of Jammu and Kashmir Through Commissioner/Secretary, Department of Home Affairs, Civil Secretariat, Jammu 2. Director General of Police, J&K 3. Senior Superintendent of Police, Kathua 4. Station House Officer, Police Station Kathua. 5. Vishal Malagar S/o Sh. B.R. Malagar 6. Ashu Malagar W/o Sh. Vishal Malagar 7. Pranav Malagar S/o Sh. Vishal Malagar All residents of Ward. No. 1, Shaheedi Chowk, Near SBI Bank District Kathua .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE