Jammu & Kashmir High Court – Srinagar Bench
Humirah Jan & Anr vs Ut Of J&K & Ors on 17 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1697/2026
CM No.4462/2026
Humirah Jan & Anr.
....Petitioner/Appellant(s)
Through :- Mr. Shabir Ahmad Shah, Advocate.
V/s
UT of J&K & ors.
....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
17.07.2026
1. The petitioners have invoked the extraordinary writ jurisdiction of this
Court under article 226 of the Constitution of India seeking protection
of their life and personal liberty. It is averred that petitioner No.1 and
petitioner No.2 are of majority and maturity who have solemnized
marriage on their own free will and volition. However, said matrimonial
alliance has not found favour with their respective family members, who
are allegedly extending threats to the petitioners and attempting to
interfere with their peaceful married life.
2. In support of their assertion that the marriage has been solemnized with
their free and consent, the petitioners have placed on record a copy of
the Nikah Nama dated 08.07.2026.
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3. The petitioner No. 1 has also produced her School Certificate issued by
the Headmaster, Govt. High School, Hawoorah, Zone Qaimoh Kulgam,
which establishes her date of birth and confirms that she has attained the
age of majority at the time of solemnization of the marriage. The
petitioner No. 2 is also stated to be a major.
4. The petitioners are presently in hiding owing to a genuine apprehension
of danger to their lives and personal liberty. According to them, the
respondents No. 7 & 8, being aggrieved by their decision to marry
against the wishes of their families, are likely to subject them to
harassment, intimidation or physical harm.
5. The issue is no longer res integra. In Lata Singh v. State of U.P. &
Another, (2006) 5 SCC 475, the Hon’ble Supreme Court has
categorically held that two consenting adults are entitled to marry of
their choice and that no individual or authority can interfere with such a
decision. The Court further directed all administrative and police
authorities across the Country to ensure that individuals entering inter-
caste or inter-religious marriages are not subjected to threats,
harassment, or violence and that strict legal action be taken against those
responsible for such unlawful acts.
6. Article 144 of the Constitution of India mandates that all authorities,
civil and judicial, shall act in aid of the Hon’ble Supreme Court. The law
declared by the Supreme Court under Article 141 is binding upon all
courts and authorities. Consequently, it is the bounden duty of the police
and civil administration to ensure that adults who have lawfully chosen
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to marry of their own free will are afforded adequate protection and are
not subjected to any form of harassment, intimidation, or violence.
7. In view of the aforesaid facts and the settled legal position, no further
adjudication on the merits of the controversy is called for.
8. Accordingly, the present writ petition, along with the connected
application is disposed of with a direction to the respondent No. 3-
Senior Superintendent of Police (SSP), Kulgam and respondent No.4-
Senior Superintendent of Police (SSP), Kupwara, to issue appropriate
directions/instructions to the respondent No. 5-Station House Officer
Police Station, Wanpoh, Kulgam and respondent No.6- Station House
Officer Police Station Qalamabad, Kupwara, so as to ensure that the
petitioners, namely Humirah Jan and Umar Yousuf Mir, are not
subjected to any harassment, intimidation, threats, or physical harm at
the hands of the respondents No. 7 & 8 or any other person acting at
their behest.
9. Disposed of.
(Rahul Bharti)
Judge
Srinagar
17.07.2026
Muzammil. Q
