WP(C)/2079/2026 of SUMIYA BANO AND ANOTHER Vs UNION TERRITORY OF J AND K (HOME) AND OTHERS on 21 August 2026

ORDER

21.08.2026

1. The petitioners have invoked the extraordinary writ jurisdiction of this 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 major adults who have solemnized their marriage of 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 will and consent the petitioners have placed on record a copy of the Nikah Nama dated 10.08.2026. The petitioner No. 1 has also produced her School Discharge Certificate issued by the Govt. High School, Sharabad Pattan, which establishes her date of birth and confirms that she had attained the age of majority at the time of 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. 4 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.

7. Accordingly, the present writ petition is allowed. The respondent No. 2– Senior Superintendent of Police (SSP), Baramulla is directed to issue appropriate directions/instructions to respondent No. 3–Station House Officer(SHO) Police Station, Pattan to ensure that the petitioners namely Sumiya Bano and Roohallah Hussain are not subjected to any harassment, intimidation, threats, or physical harm at the hands of respondents No. 4 to 9 or any other person acting at their behest.

8. Writ petition, as such, is disposed of as indicated above along-with connected application.

(RAHUL BHARTI) JUDGE Srinagar 21.08.2026 Muzammil. Q