Upasana And Another vs Ut Of J&K And Others
2026 Latest Caselaw 477 J&K

Jammu & Kashmir High Court

Upasana And Another vs Ut Of J&K And Others on 7 February, 2026

                                                                  Sr. No. 36
                                                                          2026:JKLHC-JMU:230

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                        WP(C) No. 224/2026


Upasana and another                               .... Petitioner/Appellant(s)

                        Through:-    Mr. Rajat Jamwal, Advocate

                  V/s

UT of J&K and others                                       .....Respondent(s)

                        Through:-    Ms. Priyanka Bhat, Advocate vice
                                     Mrs. Monika Kohli, Sr. AAG

CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
                                 ORDER

07.02.2026

1. The petitioners seek a direction to respondents 1 to 3 to provide them

the police protection as they apprehend danger to their lives from

respondent Nos. 4 and 5. It is submitted that the petitioners are major

and out of their free will they got married. Copy of marriage certificate

has been placed on record. They submit that since they have contracted

the marriage against the wishes of respondent Nos. 4 and 5, as such,

they are facing harassment at his hands.

2. Learned counsel for the petitioners refers to the decision of the

Supreme Court in Lata Singh v. State of U.P. and anr., 2006 (5) SCC

475, and submits that in absence of there being any legal impediment,

the petitioners are entitled to marry according to their choice and the

official respondents are duty bound to protect the life and liberty of the

petitioners.

3. Any person having attained the age of majority is entitled to contract

the marriage as per his/her wishes and the police department is duty

2026:JKLHC-JMU:230

bound to protect the life and liberty, if approached. However, it

appears that the petitioners have not ever approached the official

respondents for their indulgence in the matter for providing protection

to them.

4. In this view of the matter, this petition is disposed of, at this stage, by

providing that the respondents 1 to 3 shall look into the grievance of

the petitioners for providing them adequate security and to ensure that

nobody interferes in their married life, if they approach them. It is

made clear that no opinion has been expressed with regard to the

validity of their marriage.

5. The writ petition is, accordingly, disposed of.

(WASIM SADIQ NARGAL) JUDGE

Jammu 07.02.2026 Vishal Khajuria