Kamlesh Devi Alias Kamlesh Kumari and Another v. Ut of J and K Th Director General of Police, Jammu and Others

ORDER (25.07.2025)

¶1The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for Serial No. 117

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that have earned displeasure of the parental side family of the respondent No. 1.

¶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 marriage agreement dated 08.07.2025.

¶3Along with the writ petition, the petitioner no. 2's birth certificate 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.

¶4The petitioners are apprehensive about safety and security suffering harassment at the hands of the respondent No. 6 who is 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 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

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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.

¶7This petition at the threshold is disposed of with a direction to the respondent No. 2-Senior Superintendent of Police, Kathua to ensure by issuing appropriate directions to the respondent No. 3-SHO, Police Station Kathua, respondent No. 4-SHO, Police Station Billawar and respondent No. 5-SHO, Police Station Basholi that the petitioners, namely kamlesh Devi alias Kamlesh Kumari and Parshotam Kumar are not subjected to any harassment/ intimidation/threats at the hands of the respondent No. 6 or any other person acting at the behest and/or on behalf of the respondent No. 6. Further more in case the Police Station, Surankote or any other Police Station has registered any FIR at the instance of the respondent No. 6 against the petitioners or either of

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the two petitioners then also no arrest of the petitioners shall be carried out or facilitated by the Police Station Kathua, Police Station Billawar & Police Station Basholi.

¶8Disposed of.

(RAHUL BHARTI) JUDGE JAMMU

25.07.2025

Bunty

Jammu

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 1978/2025 1. Kamlesh Devi alias Kamlesh Kumari, Age 18 years D/o Sh. Jagdish Raj W/o sh. Parshotam Kumar R/o Village Dehota, Tehsil Billawar, District Kathua At present Village Ghodal, Tehsil Basholi, District Kathua. 2. Parshotam Kumar, Age 27 years S/o Sh. Gora Ram R/o Village Ghodal, Tehsil Basholi, District Kathua. …..Petitioners Through: Mr. Pawan Khajuria, Advocate. Vs 1. UT of Jammu & Kashmir Through Director General of Police, Police Headquarter, Jammu. 2. Senior Superintendent of Police (SSP), Kathua. 3. SHO Police Station, Kathua. 4. SHO Police Station, Billawar. 5. SHO Police Station, Basholi. 6. Jagdish Raj S/o Sh. Punnu Ram R/o Village Dehota, Tehsil Billawar, Kathua. .….Respondents Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE