Tabasum Nazir & Anr vs Ut Of J&K & Ors on 21 July, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Tabasum Nazir & 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. 1708/2026
                             CM No. 4516/2026
    
    Tabasum Nazir & Anr.
    
    
    
    
                                                       ....Petitioner/Appellant(s)
    
                       Through :- Mr. Bhat Khursheed, 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 have invoked the extraordinary writ jurisdiction of this

    SPONSORED

    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 age 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 14.07.2026.

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    3. The petitioner No. 1 has also produced her Secondary School

    Examination Certificate issued by the Jammu & Kashmir State Board of

    School Education, 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. 6 & 7, 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.4-

    Senior Superintendent of Police (SSP), Handwara, District Kupwara to

    issue appropriate directions/instructions to the respondent No.5-Station

    House Officer Police Station, Handwara, District Kupwara so as to

    ensure that the petitioners, namely Tabasum Nazir and Saqib Nazir, are

    not subjected to any harassment, intimidation, threats, or physical harm

    at the hands of the respondents No. 6 & 7 or any other person acting at

    their behest.

    9. Disposed of.

    (Rahul Bharti)
    Judge

    Srinagar
    21.07.2026
    Muzammil. Q



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