Atiya Banoo and Anr. vs Union Territory of J&K and ors.

The grievance of the petitioners is that, being majors, they are in courtship and they intend to solemnize marriage according to Muslim Personal Law. Learned counsel for the petitioners submits that respondent Nos. 6 to 10 are continuously harassing and threatening the petitioners with dire consequences in view of their decision of solemnization of marriage according to Muslim rites. The petitioners have expressed an apprehension of a threat to their life and liberty at the hands of the private respondents. In support of their claim regarding their age, petitioner No. 1 has placed on record the School Leaving Certificate, whereas petitioner No. 2 has placed on record a copy of his Aadhar Card.

The statement of petitioner No. 1 has been recorded, wherein she has stated that, being a major, she has been in a continuous courtship with petitioner No. 2, Mohd. Irfan, for more than six months and is willing to solemnize Nikah with him in accordance with the Muslim Personal Law. She has also prayed for protection. Likewise, the statement of petitioner No. 2 has also been recorded, wherein he has deposed on similar lines.

Without commenting upon merits of the writ petition, the same is disposed of at this stage with a direction to the petitioners that in the event they apprehend any threat to their life and liberty at the hands of the respondent Nos. 6 to 10, they shall approach respondent No. 5 i.e. SHO, Police Station, Doda, who shall look into the grievance of the petitioners and if found genuine, he shall provide protection to the petitioners against the threats from respondent Nos. 6 to 10. However, it is made clear that this order shall not come in the way of any investigation, if any FIR has been registered.

Disposed of.