Jammu & Kashmir High Court – Srinagar Bench
Firdousa Akhter & Anr vs Ut Of J&K & Ors on 7 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1485/2026
CM No.3895/2026
Firdousa Akhter & Anr.
....Petitioner/Appellant(s)
Through :- Mr. Younis Ahad, Advocate.
V/s
UT of J&K & ors.
....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
07.07.2026
1. The petitioners, both of whom have attained the age of majority, have
voluntarily entered into a matrimonial alliance of their own free will and
volition but for that have incurred displeasure of their respective family
members.
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, annexed with the writ petition as Annexure-I. The
petitioner No. 1 has also produced her School Leaving Certificate issued
by the Headmaster Government Middle School, Laribal Rakh-i-
Hakermullah, Zone Soibugh, which establishes her date of birth and
confirms that she had attained the age of majority at the time of
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solemnization of the marriage. Petitioner No. 2 is also stated to be a
major.
3. The petitioners are presently in hiding owing to a genuine apprehension
of danger to their lives and personal liberty. According to them,
respondents No. 6 to 9, being aggrieved by their decision to marry
against the wishes of their families, are likely to subject them to
harassment, intimidation, or physical harm.
4. 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 categorically
held that two consenting adults are entitled to marry a person 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 major individuals entering
into 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.
5. 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
to marry of their own free will are afforded adequate protection and are
not subjected to any form of harassment, intimidation, or violence.
6. In view of the aforesaid facts and the settled legal position, no further
adjudication on the merits of the controversy is called for.
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7. Accordingly, the present writ petition, along with the connected
application, is disposed of with a direction to respondent No. 2-Senior
Superintendent of Police Budgam, to issue appropriate
directions/instructions to respondent No. 3-Station House Officer Police
Station Budgam, respondent No. 4-Station House Officer Police Station
Khansahib, and respondent No. 5-Division Officer Police Post Soibugh,
to ensure that the petitioners, namely Firdousa Akhter and Mohammad
Ashraf Lone, are not subjected to any harassment, intimidation, threats,
or physical harm at the hands of respondents No. 6 to 9 or any other
person acting at their behest.
(Rahul Bharti)
Judge
Srinagar
07.07.2026
Muzammil. Q
