WP(C)/1932/2026 of SHAFIA AZAD AND ANOTHER Vs UNION TERRITORY OF J AND K AND OTHERS (HOME) on 7 August 2026

ORDER

07.08.2026

1. The petitioners, both of whom have attained the age of majority, have voluntarily entered into a matrimonial alliance of their own free will and volition but for that have incurred displeasure of their respective family members.

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 03.08.2026. The petitioner No. 1 has also produced a copy of her Discharge Certificate issued by the Government Boys Middle School, Mulgam (Kunzer), 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, private respondents No. 6 and 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.

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, along with the connected application, is disposed of with a direction to respondent No. 2–Senior Superintendent of Police (SSP), Bandipora and respondent No.3- Senior Superintendent of Police (SSP), Tangmarg Baramulla to issue appropriate directions/instructions to respondent No. 4–Station House Officer (SHO) Police Station, Kunzar Tangmarg, Baramulla and respondent No. 5–Station House Officer (SHO) Police Station, Hajin Bandipora to ensure that the petitioners namely Shafiz Azad and Shahbaz Salam are not subjected to any harassment, intimidation, threats, or physical harm at the hands of private respondents No. 6 and 7 or any other person acting at their behest.

8. Disposed of along-with connected application.

(Rahul Bharti) Judge Srinagar 07.08.2026 Muzammil. Q