High CourtsSingle Bench(2020) 02 J&K CK 0062

Mohammad Aslam Dar vs Mst. Barkat Aslam Dar And Ors

Jammu And Kashmir High Court · Decided on 6 February 2020

HON’BLE JUDGES
Dhiraj Singh Thakur, J
RESULT
Dismissed
CASE NUMBER
Review Petition No. 04 Of 2020, CM No. 374 Of 2020

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Judgment

20 paragraphs · 437 words

1) Writ petition bearing WP(C) No.3821/2019 was filed by respondent No.1 and 2 herein wherein it was claimed that they had married each other

with their own free will and without any undue threat or coercion and, therefore, sought protection from harassment in terms of the Apex Court

judgment in Lata Singh v. State of UP and anr, AIR 2006 SC 2522. The aforementioned petition came to be disposed of on 28th of December, 2019,

with a direction to the official respondents to ensure protection of life and liberty of the petitioners and take appropriate steps strictly in accordance

with the ratio of the judgment delivered in Lata Singh’s case.

2) The present petition is seeking review of said order dated 28th of December, 2019, on the ground that the documents annexed with the writ petition

earlier could not be relied upon and that the present petitioner being father of the girl, who was petitioner No.1 in the earlier writ petition, apprehends

that she may have been abducted or killed. It is alleged that the authorities were not at all helping the present petitioner in locating his daughter

because of the order passed by this Court.

3) Heard counsel for the petitioner.

4) While disposing of Writ petition bearing WP(C) No.3821/2019 by virtue of order dated 28.12.2019, this Court had only directed the police agency to

follow the law as laid down by Apex Court in Lata Singh’s case. To that extent, no fault can be found with the order as the authorities had only

been directed to follow the law of the land. In so far as other direction is concerned, this Court had only directed protection of life and liberty of the

petitioners in the said petition. Even this direction cannot be said to be one which is illegal or contrary to law warranting review.

5) Needless to say, that the directions issued vide order dated 28.12.2019 do not at all prevent the policy authorities from proceeding in the matter if

they feel that it was a case of kidnapping or murder. At the same time, the police agency was required not to harass the couple if they had married out

of their own free will and volition.

6) Having heard counsel for the petitioner, in my opinion this is not a fit case in which order dated 28th of December, 2019, is required to be reviewed

as it does not suffer from any error apparent on the face of record

7) For the reason stated above, this review petition is found to be without any merit and is, accordingly, dismissed along with connected CM.