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Judgment
The first petitioner, Nisha Kumari is aged 29 years and 2nd petitioner is Binoj Matto aged 31 years. They claimed that they have married on
06.07.2012. First petitioner is pursuing the course of M.A.Sanskrit from University of Jammu as a regular student and the second petitioner is the
husband, to be in the police department.
It appears that the marriage of the petitioners was not according to the will of the parents of first petitioner and, therefore, they have been
harassing her for quite some time.
Certain untoward incident happened in the University campus when the parents of the first petitioner caught her hold of her arm and dragged her
and abused her.
A criminal complaint was filed in the Court of Judicial Magistrate, 1st Class (Sub-Registrar), Jammu on 17th December, 2016, after the
occurrence. The first petitioner has given her statement before the Magistrate to that effect. Apprehending serious threat to the married life, the
present writ petition has been filed. Petitioners relied upon the decision of the Supreme Court in case titled Lata Singh v. State of UP and anr.,
reported as 2006 (5) SCC 475.
Petitioners should have given a complaint to Incharge Police Station Satwari, Jammu so that the officer can consider the issue and sort out the
grievances in the presence of the parents of first petitioner.
Copy of the petition has been served to Mr. Ehsan Mirza, learned Deputy Advocate General, who appeared on behalf of respondent Nos. 1 to
He informs the Court that the suitable instructions will be given to the Superintendent of Police, Jammu and also the Officer Incharge of the
Police Station, Satwari Jammu to call the parties and ensure that both the petitioners are not harassed in any manner. If the parents wants to take
any action they may do so in accordance with law.
In view of the nature of order to be passed protecting the right of the private respondents, notice to respondent Nos. 5 and 6 is dispensed with.
However, they will have a right to appear before the respondents-Police and submit their grievance, if any and proceed thereafter as per law, if the
issue is not reconciled.
In this view of the matter, writ petition is disposed of by directing 3rd and 4th respondents to give protection to the petitioners after verifying the
marriage and other particulars from both the petitioners. The private respondent Nos. 5 and 6, parents of first petitioner to be also enquired and
inform them of the marriage. If the factum of marriage is established and if there is no impediment under law, they shall not be harassed.
Respondent No. 4 is directed to call for an inquiry on or before 10th March, 2017 on receipt of the copy of this order.
Writ petition is disposed of as above.