The High Court of Jammu & Kashmir in the case of Afsana kouser V/s UT of J&K & ors, held that the petitioner namely Afsana Kouser and her husband namely Rayaz Ahmed being two consenting adults who willingly solemnized their wedding are to be protected from the petitioner’s family who were in infuriation due to their marriage.
The court of Jammu and Kashmir came in, to safeguard the martial freedom of an adult woman who was at threat, because she married someone of her choice.
While highlighting the Article 144 of the constitution, which makes it mandatory for all government jurisdictions to act in accordance to decisions taken by the Hon’ble Supreme Court.
With respect to Article 144, it was observed by Justice Rahul Bharti that, All Civil and Judicial Authorities in India must support the Hon. Supreme Court, as according to Article 144 of the Indian Constitution, it is the responsibility of police officials and representatives of the relevant civil administration, regardless of their position in the organizational hierarchy, to ensure that majors who are getting married and have made the decision to become husband and wife out of their own free will and volition do not have to worry about anyone endangering their life or limb.
The High Court further recalled the landmark judgement of Lata Singh vs State of UP and anr, 2006 (5) SCC 475, in this case it was laid down by the Hon’ble Supreme Court that if two individuals of legal age opt for marrying someone out of their will, be it an inter-caste marriage or an inter-religious marriage, they should not be subjected to any kind of harassment, violence, or threats. The Apex Court directed the government as well as the police authorities of the country to make sure that no couple who married each-other out of their will are exposed to any kind of danger.
The High Court of Jammu and Kashmir adjured the senior superintendent of police of Poonch to issue proper instructions to the SHO police station in Mandi District, Poonch to corroborate that the petitioner and her husband are free from any kind of harassment, threats, violence by the petitioner’s family or anyone who is working on their behalf.
Additionally, the court stated that the petitioner or her husband should not be arrested by the police if any case has been registered against them by the petitioner’s family.
The case was then disposed.
Case Title: Afsana Kouser Vs UT of J&K
Name- Pranjal jha, College- Amity Law School Noida, Semester- 2nd
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