Janphu Bibi and Another Vs Ut of J and K Th Principal Secretary Home Deptt and Others — J&K HC (2025) — LawSathi Research

Janphu Bibi and Another Vs Ut of J and K Th Principal Secretary Home Deptt and Others — J&K HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of at the threshold with directions to respondent No. 3 (SSP, Udhampur) to ensure, through respondent No. 4 (SHO, Police Station Ramnagar, District Udhampur), that the petitioners (Janphu Bibi and Makeem) face no harassment, intimidation or threats from respondents No. 5 to 11 or anyone acting at their behest, and that no arrest of the petitioners is carried out or facilitated by Police Station Ramnagar even if any FIR stands registered at the instance of respondents No. 5 to 11.

Issue for consideration

Whether the petitioners, being majors who entered into marital relationship of their own free will, are entitled to protection from harassment, intimidation or threats at the hands of respondents No. 5 to 11. +1 more

Court's answer

Direction to respondent No. 3, Senior Superintendent of Police (SSP), Udhampur, to ensure, by issuing appropriate directions to respondent No. 4, Station House Officer (SHO), Police Station Ramnagar, District Udhampur, that the petitioners, namely Janphu Bibi and Makeem, are not subjected to any harassment, intimidation or threats at the hands of respondents No. 5 to 11 or any other person acting at their behest and/or on their behalf.

Ratio / Principle

By virtue of Article 144 of the Constitution of India and the directions of the Hon'ble Supreme Court, it is a matter of duty for Police Officials as well as officials of the concerned Civil Administration, irrespective of hierarchical position, to ensure that individuals who are major and have become husband and wife out of their free will and volition do not fear anybody causing harm to their life and limb.

Key takeaways

If Police Station Ramnagar, District Udhampur, or any other Police Station has registered any FIR at the instance of respondents No. 5 to 11 against the petitioners or either of the two petitioners, no arrest of the petitioners shall be carried out or facilitated by Police Station Ramnagar, District Udhampur.ratio¶7

Detailed headnote1 paragraphs

Adult free-will marriage – protection from family harassment. Petitioners Janphu Bibi and Makeem, both majors who married out of their free will and were in hiding fearing harm at the hands of their families (respondents No. 5 to 11), sought protection. Invoking Article 144 of the Constitution of India and keeping in view the mandate of the Supreme Court in Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 that inter-caste/inter-religious couples who are majors must not be harassed or threatened, the High Court disposed of the writ petition at the threshold, directing the SSP, Udhampur to ensure through the SHO, Police Station Ramnagar, District Udhampur, that the petitioners are not subjected to any harassment, intimidation or threats by respondents No. 5 to 11 or any person acting at their behest, and further directing that no arrest of the petitioners shall be carried out or facilitated by Police Station Ramnagar notwithstanding any FIR registered at the instance of respondents No. 5 to 11.

Serial No. 170

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

WP(C) No. 3235/2025 CM No. 7395/2025

Janphu Bibi & Anr.

…..Petitioner(s)

Through: Ms. Shaida Maqsood, Advocate and Mr. Mohd. Bilal Khan, Advocate

Vs

UT of J&K & Ors.

…. Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Assisting Counsel

Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER (18.11.2025)

The 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.

To 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 14.11.2025.

Along with the writ petition, the petitioner no. 1’s Aadhaar card 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.

The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of

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respondents No. 5 to 11 who is to be carrying hard feelings against the petitioners for their act of marrying each other.

Keeping 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.

Article 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

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and wife out of their free will and volition are not to fear anybody causing any harm to their life and limb.

This petition at the threshold is disposed of with a direction to the respondent No. 3- Senior Superintendent of Police (SSP), Udhampur to ensure by issuing appropriate directions to the respondent No. 4-Station House Officer (SHO), Police Station Ramnagar, District Udhampur that the petitioners, namely Janphu Bibi and Makeem are not subjected to any harassment/intimidation/threats at the hands of the respondents No. 5 to 11 or any other person acting at the behest and/or on behalf of the respondents No. 5 to 11. Further more in case the Police Station, Ramnagar, District Udhampur or any other Police Station has registered any FIR at the instance of the respondents No. 5 to 11 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 Ramnagar, District Udhampur.

Disposed of.

(RAHUL BHARTI) JUDGE

JAMMU 18.11.2025 SUNIL