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High CourtsSingle Bench(2020) 07 J&K CK 0078

Mohd Irfan Sheikh vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 10 July 2020

HON’BLE JUDGES
Sanjeev Kumar, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition (C) No. 1149 Of 2020, Civil Miscellaneous No. 3277, 3278 Of 2020

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Judgment

9 paragraphs · 383 words

Sanjeev Kumar, J

CM 3278/2020

For the reasons stated in the application, it is allowed. Time for affixing requisite court fee and non judicial stamp papers is extended by six weeks.

Wp(C) 1149/2020

1.

The petitioners seek a direction to respondents 1 & 3 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 4 and 5 and their relatives. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikah Nama has been placed on record. They submit that since they have contracted the marriage against the wishes of respondent no. 4 and 5, as such, they are facing harassment at their hands.

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.

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 the 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.

4.

In this view of matter, this petition is disposed of, at this stage, by providing that, subject to petitioners producing genuine documents with regard to their age to the satisfaction of the respondents, 1 to 3, they shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the age of the petitioners or 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.

5.

Disposed of.