Justice Sindhu Sharma made the observation while disposing of a writ petition filed by one Madiha Firdous and another, who apprehended danger to their lives following their marriage under Muslim Personal Law, Rites and Customs.

The Court directed the official respondents to examine the couple's grievance and provide adequate security, if they approached the authorities. It further directed that no one should be permitted to interfere in their married life, subject to verification that both parties were majors and had married out of their own free will and consent.

The petitioners approached the High Court seeking police protection, claiming that they apprehended danger to their lives from respondents following their marriage. They submitted that both were majors and had married of their own free will, despite opposition from respondent and were consequently facing harassment and threats.

To establish the age of the petitioners, their counsel placed on record a document issued by Army Goodwill Public School, Rajouri, under the Central Board of Secondary Education. A copy of the Nikah Nama was also placed before the Court.

Advocate Mohd Arif, appearing for the petitioners, relied upon the Supreme Court's decision in Lata Singh v. State of U.P., (2006) 5 SCC 475, and submitted that, in the absence of any legal impediment, the petitioners were entitled to marry according to their choice and the official respondents were duty-bound to protect their life and liberty. Both petitioners appeared personally before the Court and were identified by their counsel.

Court's Observation

Upon examining the record, the Court noted that both petitioners were majors and had contracted marriage on September 22, 2026, in accordance with Muslim Personal Law, Rites and Customs.

The Court observed,

“Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect their life and liberty, if approached.”

However, the Court also noted that the petitioners had not approached the official respondents seeking their intervention or protection before filing the writ petition.

In view of the relief sought, the Court disposed of the petition at that stage, directing the official respondents to examine the couple's grievance and provide them adequate security if they approached the authorities. The Court further directed that the authorities ensure that nobody interferes with the married life of the petitioners.

Clarifying the scope of its order, the Court stated that it had not expressed any opinion regarding the validity of the marriage. It also left the police free to take a decision on the basis of the available material and inquiry.

The Court, however, made it clear that if the inquiry established that both parties were majors and had married out of their own free will and consent, “the necessary protection shall be extended to them.”

Accordingly, the High Court disposed of the writ petition along with the accompanying application, directing the official respondents to consider the petitioners' request for security in accordance with the observations made in the order.