Saniya and Another Vs Ut of J and K Th Director General of Police, Jammu and Others

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Serial No. 138

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 3498/2025

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Saniya, aged 18 years W/o Mohd Imran D/o Mohd Rafiq

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Mohd Imran, aged 23 years S/o Sh. Abdul Qayoom Both the residents of Village Potha, Samote, Near Army Goodwill School Tehsil Surankote District Poonch.

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…..Petitioner(s)

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Through: Mr. Amir Shazad, Advocate.

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Vs

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The Union Territory of Jammu and Kashmir Through Director General of Police, J&K, Gulshan Ground, Gandhi Nagar, Jammu

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The Senior Superintendent of Police (SSP), Poonch

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The Station House Officer (SHO), Surankote

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Mohd. Rafiq S/O Late Haji Kala Malik R/o Near Matadoor Stand, Jalalabad, Sunjwan Tehsil & District Jammu. .…. Respondent(s)

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Through: Mrs. Monika Kohli, Sr. AAG.

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

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ORDER (10.12.2025)

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The petitioners, both being of the age of majority, have

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exercised their free will to enter into marital relationship and for that have earned displeasure of their respective families.

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2 WP(C) No. 3498/2025

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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 28.10.2025 .

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Along with the writ petition, the petitioner no. 1’s 10^th Class Marks 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.

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The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent No. 4 who is to be carrying hard feelings against the petitioners for their act of marrying each other.

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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

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the persons responsible for holding out such

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threats/harassments are to be taken to task by instituting

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3 WP(C) No. 3498/2025

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

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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 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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This petition at the threshold is disposed of with a direction to the respondent No. 2- Senior Superintendent of Police (SSP), Poonch to ensure by issuing appropriate directions to the respondent No. 3-Station House Officer (SHO), Surankote that the petitioners, namely Saniya and Mohd Imran are not subjected to any harassment/intimidation/threats at the hands of the respondent No. 4 or any other person acting at the behest and/or on behalf of the respondent No. 4. Further more in case the Police Station Poonch or any other Police Station has registered any FIR at the instance of the respondent No. 4 against the petitioners or either of the two petitioners then also no arrest of

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4 WP(C) No. 3498/2025

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the petitioners shall be carried out or facilitated by the Police Station Mendhar, Poonch.

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8. Disposed of.

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(RAHUL BHARTI) JUDGE

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JAMMU 10.12.2025 Bunty

Saniya and Another v. Ut of J and K Th Director General of Police, Jammu and Others

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Saniya and Another v. Ut of J and K Th Director General of Police, Jammu and Others

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