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Jammu & Kashmir High Court
2026:Jklhc-Jmu:382 vs U.T. Of J&K And Ors on 16 February, 2026
Author: Sanjay Dhar
Bench: Sanjay Dhar
2026:JKLHC-JMU:382
Sr. No. 132
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: WP(C) No. 328/2026
Anshi Sharma and Anr. ..... Petitioner(s)/Appellant(s)
Through :- Mr. Shafiq Ahmed Wani, Advocate
Vs
U.T. of J&K and Ors. .....Respondent(s)
Through :- Mrs. Monika Kohli, Sr. AAG
CORAM:
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER
16.02.2026
01. In the instant petition, the petitioners seek a direction
upon respondent Nos. 1 to 3 to provide them the police
protection as they apprehend danger to their lives from
respondent Nos. 4 to 6. It is submitted that the petitioners
are major and have married out of their own free will. Copy
of Marriage Certificate dated 06.02.2026 and proof of
petitioners' date of birth have been placed on record. They
submit that since they have contracted the marriage
against the wishes of respondent Nos. 4 to 6, as such, they
are facing harassment at their hands.
02. 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 the absence of there
being any legal impediment, the petitioners are entitled to
marry according to their choice and the official respondents
2026:JKLHC-JMU:382
are duty bound to protect the life and liberty of the
petitioners.
03. I have heard the counsel for the parties and perused the
record on the file.
04. Perusal of the documents annexed with the writ petition,
prima facie, reveals that the petitioners are major and they
have contracted the marriage according to Hindu Rites and
Rituals. Any person having attained the age of majority is
entitled to contract the marriage as per his/her wishes and
the police is duty bound to protect the life and liberty of
such persons, if approached by the concerned parties.
However, it appears that the petitioners have not
approached the official respondents for their indulgence in
the matter for providing protection to them.
05. Keeping in view the relief sought for, this petition is
disposed of, at this stage itself, by providing that
respondent Nos. 1 to 3 shall look into the grievance of the
petitioners for providing them adequate security and to
ensure that nobody interferes in married life of the
petitioners, if the petitioners approach them. It is made
clear that no opinion has been expressed with regard to the
validity of their marriage, and the police is free to take a
view on the basis of the available material and inquiry. If it
is found that the parties are major and have married out of
2026:JKLHC-JMU:382
their own free will and consent, the necessary protection
shall be extended to them.
06. The writ petition is accordingly, disposed of.
(SANJAY DHAR)
JUDGE
JAMMU
16.02.2026
Mihul
Whether the order is speaking : Yes
Whether the order is reportable : No
