Ultaf Shahzad and Others v. Ut of J and K Th Principal Secretary to Government Home Department Jammu and Others

ORDER (09.07.2025)

¶1The petitioners No. 1 and 2, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of the parental family of the petitioner No. 1 objecting it on account of inter-community marriage.

¶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 notarized marriage agreement dated

28.06.2025.

¶3Along with the writ petition, the petitioner No. 1's Aadhaar card evidencing her date of birth as on 01.02.2005 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.

¶4The petitioners No. 1 and 2 are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent No. 7, the father of petitioner No. 1 who is carrying hard feelings against the petitioners for their act of marrying each other.

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¶5Keeping in view the mandate and dictate of the Hon'ble Supreme Court 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 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. 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.

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¶7This petition, at the threshold, is disposed of with a direction to the respondent No. 3-Senior Superintendent of Police

(SSP), Rajouri and respondent No. 4-Senior Superintendent of Police

(SSP), Shopian to ensure by issuing appropriate directions to the respondent No. 5-Station House Officer (SHO), Police Station, Darhal and respondent No. 6-Incharge Police Station, Imam Sahib, District Shopian that the petitioners No. 1 and 2, namely, Ultaf Shahzad and Irfan Rashad are not subjected to any harassment/intimidation/threats at the hands of the respondent No. 7 or any other person acting at the behest and/or on behalf of the respondent No. 7. Further more in case the Station House Officer (SHO), Police Station, Darhal and Incharge Police Station, Imam Sahib, District Shopian or any other Police Station has registered any FIR at the instance of the respondent No. 7 against the petitioners No. 1 and 2 or either of the two petitioners i.e. petitioners No. 1 and 2 then also no arrest of the petitioners No. 1 and 2 shall be carried out or facilitated by the Station House Officer

(SHO), Police Station, Darhal and Incharge Police Station, Imam Sahib, District Shopian.

¶8Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

09.07.2025

SUNIL

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1733/2025 1. Ultaf Shahzad, age 20 years & 06 months D/o Shahzad Ahmad Dar W/o Arfan Rashad R/o Village Nadian, Tehsil Darhal, District Rajouri 2. Irfan Rashad, age 27 years S/o Rashad Hussain R/o Village Nadian, Tehsil Darhal, District Rajouri 3. Rasheed Hussain, aged 55 years S/o Nawaz Ahmad, R/o Plangarh Tehsil Thanamandi, District Rajouri. 4. Shamim Ahmad, aged 38 years S/o Manzoor Hussain R/o Darhal Nadian, Rajouri …..Petitioner(s) Through: Mr. Parvez Ahmed Chowdhary, Advocate & Mr. Abdul Manan Chowdhary, Advocate Vs 1. Union Territory of Jammu and Kashmir Through Principal Secretary, Home Department, Civil Secretariat, Jammu/Srinagar 2. Director General of Police, UT of J&K 3. Sr. Superintendent of Police, Rajouri 4. Sr. Superintendent of Police, Shopian 5. The Station House Officer, Police Station, Darhal 6. Incharge Police Station, Imam Sahib, District Shopian Serial No. 115 2 WP(C) No. 1733/2025 7. Shahzad Ahmad Dar, S/o Abdul Gaffar Dar R/o Mohandpora, Imam Sahib District Shopian. .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE