Jammu & Kashmir High Court – Srinagar Bench
Iram Iqbal & Anr vs Ut Of J&K & Ors on 21 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1733/2026
CM No. 4583/2026
Iram Iqbal & Anr.
....Petitioner/Appellant(s)
Through :- Mr. Malik Suhail, Advocate.
V/s
UT of J&K & ors.
....Respondent(s)
Through :- None.
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
21.07.2026
1. The petitioners, both being of age of majority, have exercised their
free will to enter into marital relationship and for that are said to have
earned displeasure of their respective families.
2. 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 copy of “Nikha-Nama” dated 19.07.2026.
3. Along with the writ petition, the petitioner No. 1’s Secondary School
Examination Certificate issued by the Jammu & Kashmir State Board
of School Education evidencing her date of birth is also annexed
which confirms the fact that the petitioner no.1 is and was major at
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the time of solemnizing marriage with the petitioner No. 2 who in
turn is also major.
4. The petitioners are in hiding because they fear for their lives and
physical safety. They apprehend that the relatives of petitioner No.1
alongwith some private persons, who are carrying hard feelings
against the petitioners for their act of marrying each other against
parental side approval may cause them harm.
3. 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 & Anr.
reported as 2006 (5) SCC 475 in terms whereof a direction has been
set into effect for the government 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.
4. 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
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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, do not
live in fear or face harassment.
5. This petition at the threshold is disposed of alongwith connected
application with a direction to the respondent No.3-Senior
Superintendent of Police (SSP), Bandipora to ensure by issuing
appropriate directions/instructions to the respondent No. 4-Station
House Officer (SHO), Police Station, Bandipora and respondent
No.5- Duty Officer (DO), Police Post, Sumlar Bandipora that the
petitioners, namely Iram Iqbal and Ishfaq Ahmad Hajam are not
subjected to any harassment/intimidation/threats at the hands of the
relatives of petitioners or any other person acting for and on their
behalf.
6. Disposed of.
(Rahul Bharti)
Judge
Srinagar
21.07.2026
Muzammil. Q
