High CourtsSingle Bench(2020) 03 J&K CK 0055

Charanpreet Singh And Others vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 20 March 2020

HON’BLE JUDGES
Sindhu Sharma, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (C) No. 920 Of 2020, Civil Miscellaneous No. 2272 Of 2020

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Judgment

9 paragraphs · 414 words

Sindhu Sharma, J

1.

Petitioners seek a direction to respondent Nos. 2 to 4 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 & 6. It is submitted that the petitioners are major and have married out of their own free will. Copy of Marriage Certificate dated 16.03.2020 issued by Trust S. Sunder Singh Khorana Gurdwara Sahib and copy of Marriage Agreement dated 16.03.2020 have been placed on record. They submit that since they have solemnized the marriage against the wishes of respondent Nos. 5 & 6, as such, they are facing harassment at the hands of respondent Nos. 5 & 6.

2.

Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P. and anr.; 2006 (5) SCC 475, and submits that in absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.

3.

Both the petitioners are present in person and are identified by their counsel.

4.

Perusal of the record annexed with the writ file reveals that petitioners are major and have married each other on 16.03.2020 according to Hindu Law.

5.

Any person having attained the age of majority are entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.

6.

Keeping in view the relief sought, this petition is disposed of, at this stage, by providing that respondent Nos. 2 to 4 shall look into the grievance of the petitioners for providing them adequate security if the petitioners approach them, and to ensure that there is no interference in their married life. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.

7.

Disposed of alongwith CM.

8.

Copy of this order be provided to learned counsel for the petitioners under the seal and signatures of the Bench Secretary.