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Judgment
Heard learned counsel for the petitioner as also the petitioners namely Kaifa and Yahaya present in person.
Both the petitioners submit that they have performed nikah with each other about 15 days back. The affidavits showrn by them in regard to this nikah
have been annexed with the petition. It has also been mentioned in the affidavits that after the nikah they have been living peacefully and happily as
husband and wife. But the parents of their family are creating problems for them. To establish their identity, copies of the aadhar card have been
annexed with the petition in regard to both the petitioners.
Counsel for the petitioners submits that after they have entered into nikah they have been living as husband and wife peacefully and happily.
Protection may kindly be granted in their favour to secure their dignity and liberty to personal life.
The instant writ petition has been filed under Article 226 of the Constitution of India on behalf of the petitioners, who claim to be major in age and
newly married couple. They seek protection as they apprehend danger to their life and the liberty at the hands of those, who are opposing their
marriage.
The petitioners are present in person who have been identified by Manish Gupta, Advocate.
Ms.Kaifa Petitioner No.1 appearing in person states that she is major in age. She further states that she had performed nikah with petitioner No.2,
who is also major in age, according to her free will and is living happily with him as a wife.
Heard learned counsel appearing for the petitioners, as well as learned Public Prosecutor and perused the contents of the instant petition.
This court is neither deciding the validity of the nikah between the petitioners nor deciding about their age. However, this court is of the view that no
body can be permitted to take law in his own hands merely because marriage is not acceptable to him. The personal liberty and dignity of the
individual is to be protected by law. Therefore, without commenting on the validity of the nikah between the petitioners and determining their age, the
petitioners are found entitled to protection of their life and liberty.
Consequently, the present petition stands disposed off by issuing a direction to the SHO, PS Sadar to ensure necessary vigil that no harm is caused to
the life and liberty of the petitioners and their family members at the hands of those, who are opposing their marriage. However, this order shall not be
construed as recognition of validity of nikah between the parties and is issued without determining their age.