BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Writ Petition (Fresh) No. of 2023

Subject matter pertains to District Jammu
(Writ under Article 226 of the Constitution of India)

In the matter of: -

1. HAANIYA KUMARI ALIAS

MUSKAN CHOUDHARY, Age 22

years D/o Sh. Dilawar Khan R/o

Near Conventry Scholars School,

Chinore, Roop Nagar, Jammu

2. ANKIT KUMAR Age 27 years S/o

Sh. Lok Nath R/o Mohalla Masjid,
W. No. 60, Near Govt. Hr. Sec.
School, Paloura, Jammu
…Petitioners
Versus

1. Union Territory of J&K

Through Principal Secretary
Home Department, Civil Secretariat,
Jammu.
2. Director General of Police,
UT of J&K, Jammu.

3. Inspector General of Police,

Jammu.

4. Sr. Superintendent of Police

Jammu.

5. Station House Officer

Police Station Domana, Jammu.

7. Station House Officer

Janipur, Jammu.

8. Dilawar Khan
S/o
9. Anwar Hussain
10.Akbar Hussain
11.Gafoor Hussain
12.Majid
13.Sajid
Both sons of Gafoor hussain

14.Bahadur Khan
S/o Sardar Khan
15.Kaif
16.Baber
Both sons of Bahadur Khan

17.Naseem Akhter
 W/o Dilawar Khan

18.Ruksana Kouser W/o Dilawar Khan

19.Sajad

20.Shabina W/o Sajad

All residents of

…Respondents
IN THE MATTER OF: -
Writ petition under Article 226 of the

Constitution of India for the issuance

of;

An appropriate writ, order or direction

in the nature of writ of mandamus

commanding the respondents No. 1 to

7 to provide adequate security to the

life of the petitioners who are facing

grave threat and intimation at the

hands of respondents No. 8 to 19

including other family members in

view of solemnization of marriage by

the petitioners are against the wishers

of respondents;
 An appropriate writ, order or direction

in the nature of writ of mandamus

commanding the respondents No. 1 to

7 not to register any case against the

petitioners on the pressure and

influence being mounted by the

respondents;

An appropriate writ, order or direction

in the nature of writ of mandamus

commanding the respondents to

honour the fundamental right to life

and personal liberty guaranteed to the

petitioners under the Constitution of

India and not to violate or shoe

contempt to this sacrosanct provisions

of law in any manner;

Any other relief, which this Hon’ble

Court, in the facts and circumstances

of the case deems fit and proper;

MAY IT PLEASE YOUR LORDSHIPS,

The petitioners above named most respectfully submit

as under: -
1. That the petitioners are the citizens of India and are

permanent residents of UT of Jammu and Kashmir, as

such, are entitled to the fundamental, legal and

statutory rights enshrined under the Constitution of

India.

2. That the petitioners out of love and affection for each

other, have solemnized their marriage in accordance

with Hindu rites and ceremonies on .07.2023 in

presence of witness to the marriage, a Arya Samaj

Certificate has been issued by concerned authorities in

favour of the petitioners.

Copy of the said Aadhar Card, Arya Samaj

Certificate, Marriage Agreement alongwith affidavits

are enclosed herewith and marked as Annexure-I, II

& III respectively.

3. That it is pertinent to mention herein that at the time

of marriage, both the petitioners were major. The

petitioner No. 1 is 22 years of age, whereas the

petitioner No. 2 also 27 years of age.

4. That prior to entertaining in marriage agreement

dated .07.2023 and solemnizing marriage according

to Hindu rites and rituals, the petitioners were

unmarried, subject matter of said agreement is first

marriage of the petitioners and none of the petitioners

have married before.

5. That it is relevant to mention here that the respondent

No. 8 is the _____ of the petitioner No. 1, respondent

No. 9 & 19 are the relatives of the petitioner No. 1,

who already know that the petitioners have love with

each other and they are adamant to marry with each

other without and influence or pressure and that too

against the wishes of respondents No. 8 to 19 and

other family members.

6. That it is stated that both the petitioners are known to

each other for the last more than sufficient period and

ultimately with their free will and consent decided to

get married with each other for happy and prosperous

life.
7. That the respondent No. 8 (_____ of the petitioner

No. 1) alongwith his other family members of the

petitioner No. 1 i.e. respondent No. 9 & 19 are not

happy with the marriage and they become inimical

with the petitioners and are not accepting the said

marriage and tried to interfere into the married life of

the petitioners and are trying to get implicate

petitioner No. 2 in false and frivolous case.

8. That the mother of the petitioner No. 1 is already

looking for the petitioners and the petitioners are

living under constant threat despite having the

knowledge that petitioners have married each other

out of their free will. Moreover, the petitioner No. 1

requested her parents and other family members

including respondents No. 8 to 19 that it would be in

the interest of both the families that the things are

settled and the petitioners are accepted as a legally

wedded couple. But the respondent No. 8 showed

complete adamancy and under the influence of

respondents No. 9 to 19, threatened the petitioners

that they do not believe in any such marriage and

 shall separate the petitioners by using criminal force

of whatever intensity as the need be.

9. That after the marriage of the petitioners, they are

living together as wife and husband, but the

respondent No. 8 wanted to marry the petitioner No. 1

to some other boy of their choice under the influence

of the uncles of Petitioner No. 1 and respondents No.

8 to 19, the respondent No. 8 because of his false ego

have started causing interference, hindrance, hurdle

and obstacle in the peaceful matrimonial life of the

petitioners and are further taking all out efforts and

attempts to separate the petitioners from each other.

It is stated that after marriage the petitioners were

living under one roof as husband and wife in Jammu,

by due to the continuing threats by the respondents

No. 8 to 19, they are living under constant threat to

their life.

10. That the petitioners respectfully submit that the action

of the respondents No. 8 to 19 in causing interference,

obstruction and creating problems in the matrimonial

life of the petitioners is totally illegal and unlawful.

11. That the respondents No. 8 to 19 despite that have

not mended their ways and in order to cause harm to

the petitioners have adopted another modus operandi

and this time, as per the information of the

petitioners, they are approaching the police authorities

and are hell bend to get some criminal case registered

against the petitioner No. 2.

12. That the respondent No. 8 to 19 as well as other

relatives of the petitioner No. 1 have started objecting

to the marriage of the petitioners and are further hell

bent upon to solemnize the second marriage of the

Petitioner No. 1 by use of force and coercion. The

petitioners have personally requested the respondents

No. 8 to 19 to desist from taking such illegal and

unlawful action, but the family members of the

petitioner No. 1 instead of mending their ways

aggravated their activities so as to give no time to the

petitioner to take to any legal recourse.

13. That the petitioners respectfully submit that they

being legally wedded wife and husband are fully

 entitled under law to live as such and no person

including the respondents No. 8 to 19 have any right

or authority to cause any sort of interference,

hindrance or interruption in the matrimonial life of the

petitioners.

14. That the petitioners being citizens of India and major

are having the protection of Article 21 of the

Constitution of India. The respondents No. 1 to 7

being custodian of life and property of the petitioners

are obliged under law to provide adequate security

and protection to the petitioners, but on the contrary

all attempts and efforts are being made to get the

petitioners involved in some false case by the police

on the instigation and pressure being mounted by the

respondent No. 8 to 19 who are head strong persons.

15. That it is brought to the notice of this Hon’ble Court

that Hon’ble Supreme Court India has also passed the

landmark judgments in the dispute under reference.

However, certain vested interests and certain families

because of their false ego and orthodox approach, the

concerned men and women are threatened with

 violence, or violence is actually committed on them.

Such violence and threats has been held to be purely

illegal by the Hon’ble Supreme Court of India and

perpetuators of such violence and threats are required

to be punished.

16. That it is further settled preposition of law that once a

person becomes a major he or she can marry

whosoever he/she likes. If the parents of the girl or

boy do not approve such marriage, the maximum they

can do is that they can cut off social relations with the

son or the daughter as the case may be, but they

cannot give threats or commit or instigate acts of

violence and cannot harass the person who undergoes

such marriage. When such, like instances came to be

notice of the Hon’ble Supreme Court including in a

case titled Lata Singh V/s State of U.P and others, the

Hon’ble Supreme Court issued directions to all the

administrations /Police authorities through out

he country to ensure that if any body or girl who is a

major undergoes inter-caste marriage with a woman

or man who is a major, the couple are not harassed

by anyone nor subjected to threats or acts of violence,

 and any one who gives such threats o harasses or

commits acts of violence either himself or at his

instigation, is take to task by instituting criminal

proceedings by the police against such persons and

further stern action is taken against such persons as

provided by law.

17. That the petitioners are fully entitled to protection of

fundamental rights and guaranteed to them under

Article 21 of the Constitution of India and the

state/respondents are under a legal obligation to

provide security and protection to the petitioners so

that they can live together as husband and wife

peacefully. The respondent/state is further obliged

under law to check the action of respondents No. 8 to

19 as well as her other relatives who are making all

out attempts and efforts to harass the petitioners.

18. That the petitioners having no other alternate

efficacious remedy available to them but to approach

this Hon’ble Court by way of present writ petition.

19. That the petitioners have not filed any other writ

petition of like nature either before this Hon’ble Court

or before any other court of the Country including

Supreme Court of India.

An affidavit in support of the present writ petition

is enclosed herewith.

In view of the submissions made above and

those to be urged at the time of hearing, it is most

respectfully prayed that the Hon’ble Court may very

graciously be pleased to pass the following reliefs in

favour of the petitioners and against the respondents.

i. Direct the respondent No. 1 to 7 to provide

adequate security to the life of the petitioners

who are facing grave threat and intimidation at

the hands of the respondents No. 8 to 19 in view

of solemnization of marriage by the petitioners

as against the wishes of these respondents.

ii. Direct the respondents No. 1 to 7 not to register

any case against the petitioners on the pressure

 and influence being mounted by the respondents

No. 8 to 19.

iii. Direct the respondents to honour the

fundamental right to life and personal liberty

guaranteed to the petitioners under the

Constitution of India and not to violate or show

contempt to these sacrosanct provisions of law in

any manner.

iv. Any other relief, which this Hon’ble Court, in the

facts and circumstances of the case deems fit

and proper.

PETITIONERS
THROUGH COUNSEL

JAMMU
Dated: -
ANKUSH K KOTWAL
ADVCOATE

SAKET RATHORE
ADVOCATE
 BEFORE THE HON’BLE HIGH COURT OF JAMMU,
KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

IN THE MATTER OF: -

Affidavit in support of writ petition.

I, Haaniya Kumari alias Muskan Choudhary, Age 22 years

D/o Sh. Dilawar Khan R/o Near Conventry Scholars School,
Chinore, Roop Nagar, Jammu, do hereby state on oath /
solemn affirmation that I have read the accompanying writ
petition and that the contents of Paras 1 to _____ of the
writ petition are true to my personal knowledge and those
of paras ______ (ground) to ______ are true upon legal
advice received by me, which I believe to be true.

I solemnly swear / affirm that the contents of this

affidavit is true, no part of this is false and nothing has
been concealed.

Deponent
Jammu
Dated:

BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

IN THE MATTER OF: -

Application for grant of ad-interim
relief

MAY IT PLEASE YOUR LORDSHIPS;

The petitioners/applicants most respectfully submit as
under: -

1. That the petitioners have filed the above titled

writ petition before the Hon’ble Court which is sure to

succeed on merits.

2. That the averments made in the writ petition

may be read as part and parcel of this petition also in

order to avoid repetition and for the sake of brevity.

 3. That the petitioners have prima-facie case and

the balance of the convenience is also in favour of the

petitioner.

4. That in case the relief prayed in the CMA is not

granted in favour of the petitioners; the petitioners

shall suffer an irreparable loss and harm which will

not be compensated latter on by any mode.

5. That it will be in the interest of justice that the

relief prayed in this application be granted in favour of

the petitioners and against the respondents.

An affidavit in support of the application is

enclosed herewith.

IN THE PREMISES: -

It is, therefore, respectfully prayed that the

Hon’ble Court may very graciously be pleased to direct

the respondents No. 1 to 7 to ensure that the

respondent No. 8 to 19 should not harass or intimate

the petitioners in any manner and to provide to the

petitioners sufficient and adequate security to the

petitioners till the final outcome of the main petition.

 PETITIONERS
THROUGH COUNSEL
JAMMU
DATED: -

ANKUSH K KOTWAL
ADVOCATE

SAKET RATHORE
ADVOCATE

BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

IN THE MATTER OF: -

Affidavit in support of application.

I, Haaniya Kumari alias Muskan Choudhary, Age 22 years

D/o Sh. Dilawar Khan R/o Near Conventry Scholars School,
Chinore, Roop Nagar, Jammu, do hereby state on oath /
solemn affirmation that I have read the accompanying
application and that the contents of Paras 1 to ____ of the
application are true to my personal knowledge and legal
advice received by me, which I believe to be true.
I solemnly swear / affirm that the contents of this
affidavit are true, no part of this is false and nothing has
been concealed.
 Deponent
Jammu
Dated:

BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

In the matter of: -

LIST OF DATES & EVENTS

Dates : Events
11.07.2023 : The petitioners out of love and affection
for each other, have solemnized their
marriage in accordance with Muslim
rites and ceremonies in presence of
witness to the marriage, a Arya Samaj
has been issued by concerned
authorities in favour of the petitioners.

That it is pertinent to mention herein that at the time

of marriage, both the petitioners were major. The petitioner
No. 1 is 22 years of age whereas the petitioner No. 2 also
27 years of age.

That it is relevant to mention here that the respondent

No. 8 is the mother of the petitioner No. 1, respondents No.
9 & 19 are the brothers of petitioner No. 1, who already
know that the petitioners have love with each other and
they are adamant to marry with each other without and
influence or pressure and that too against the wishes of
respondent No. 8 to 19 and other family members.

That aggrieved of the same the petitioners filed the

present writ petition.

Hence the present writ petition.

PETITIONERS
THROUGH COUNSEL
JAMMU
Dated: -

ANKUSH K KOTWAL
ADVOCATE

SAKET RATHORE
ADVOCATE
BEFORE THE HON’BLE HIGH COURT OF JAMMU,
KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

In the matter of: -

INDEX
S. No. Particulars Page Nos.
1. Memo of Urgency

2. Memo of Parties

3. List of Dates & Events.

4. Writ Petition alongwith affidavit

5. Annexure-I: Copy of Aadhar Card

6. Annexure-II: Copy of Arya Samaj Certificate

7. Annexure-III: Copy of Marriage Agreement

 alongwith affidavit

8. Annexure-IV: Copy of Conversion Deed

9. CM

10. Affidavit in support of CM

11. Vakalatnama

____________________________________________________

Filed by: -
JAMMU
Dated: -

ANKUSH K KOTWAL
ADVOCATE
(M) ………………..
LIC No. ………………

SAKET RATHORE
ADVOCATE
(M) ………………..
LIC No. ………………

BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.
IN THE MATTER OF: -
MEMO OF URGENCY

MAY IT PLEASE YOUR HONOUR;

The petitioners/applicants most respectfully submit as
under: -
 1. That the above titled writ petition has been filed
before this Hon’ble Court.

2. That the matter is required to be considered urgently

in view of the submissions made in the writ petition
for grant of urgent relief in MP.

IN THE PREMISES: -
It is, therefore, prayed that the writ petition and
the MP may be listed at the earliest for consideration
of the Hon’ble Court and for appropriate orders.

PETITIONERS
THROUGH COUNSEL
JAMMU
Dated: -

ANKUSH K KOTWAL
ADVOCATE

SAKET RATHORE
ADVOCATE

BEFORE THE HON’BLE HIGH COURT OF JAMMU,

KASHMIR & LADAKH AT JAMMU

Haaniya Kumari alias Muskan Choudhary & Anr.

V/S
UT of J&K & Ors.

IN THE MATTER OF: -

MEMO OF PARTIES

1. Haaniya Kumari alias Muskan

Choudhary, Age 22 years D/o Sh.

Dilawar Khan R/o Near Conventry

Scholars School, Chinore, Roop

Nagar, Jammu

2. ANKIT KUMAR Age 27 years S/o

Sh. Lok Nath R/o Mohalla Masjid,
W. No. 60, Near Govt. Hr. Sec.
School, Paloura, Jammu
…Petitioners
Versus

1. Union Territory of J&K

Through Principal Secretary
Home Department, Civil Secretariat,
Jammu.

2. Director General of Police,

UT of J&K, Jammu.

3. Inspector General of Police,

Jammu.

4. Sr. Superintendent of Police

 Jammu.

5. Station House Officer

Police Station Domana, Jammu.

6. Station House Officer

Janipur, Jammu.

7. Anwar Hussain
8. Akbar Hussain
9. Gafoor Hussain Majid
10.Sajid
All sons of

11.Bahadur Khan
S/o

12.Kaif
13.Baber
Both sons of Bahadur Khan

14.Dilawar Khan
S/o

15.Naseem Akhter
W/o Dilawar Khan

16.Riksana Kouser

17.Sajad
18.Shabina
All residents of
…Respondents