High CourtsSingle Bench(2023) 02 J&K CK 0036

Nazia Abdullah And Another vs Union Territory Of J And K And Others

Jammu And Kashmir High Court · Decided on 14 February 2023

HON’BLE JUDGES
Rajesh Sekhri, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 266 Of 2023, Civil Miscellaneous No. 521 Of 2023

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Judgment

5 paragraphs · 309 words

Rajesh Sekhri, J

1.

The petitioners seek a direction to respondents 1 to 3 to provide them police protection as they apprehend danger to their lives from respondent No.4. It is submitted that the petitioners are major and out of their free will contracted marriage without any force, undue influence, fraud and coercion. Copies of Nikah Nama and marriage agreement have been placed on record. They submit that since they have contracted marriage against the wishes of respondent No.4, as such, they are facing harassment at his 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 is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.

4.

In this view of the matter, this petition is disposed of, at this stage, by providing that the respondents No.1 to 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to validity of their marriage. It is further provided that this order shall not come in the way of the Police authorities to verify the date of birth certificate of petitioner No.1.