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Judgment
Heard Mr. Bhat Khurshid, learned counsel for the appellants.
Appellants have filed this appeal challenging the order dated 09.09.2021 passed by the Writ Court disposing of WP(C) No.1794/2021.
The facts of the case reveal that respondent No.5-Shaheena married respondent No.6-Fayaz Ahmad Wani of her own free will without any pressure and outside influence. Both of them are said to be adult and are of marriageable age. Since their married life was disturbed by the appellants, they approached this Court by means of the above writ petition which was disposed of by the impugned order with the direction that the State respondents shall look into the grievance of the petitioners for providing them adequate security and ensure that nobody interferes in their married life. The aforesaid order was passed by the writ court without expressing any opinion with regard to validity of the marriage of respondents 5 and 6.
The submission of learned counsel for the appellants is that respondent no.5 is already married and she cannot enter into a second marriage during the subsistence of the first one.
It may be legally correct that no second marriage can be entered into during the subsistence of the first one but if it has been so done the respondents 5 and 6 would be guilty of committing an offence for which the appellants have a remedy elsewhere. However, since the writ court has disposed of the writ petition without expressing any opinion with regard to the validity of the marriage by treating the respondents 5 and 6 as major who are living together voluntarily, we find no merit in this appeal and same is dismissed with liberty as aforesaid.