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Judgment
Petitioners claim to be major and, as such, contend to have out of their own free will entered into marital tie which fact is supported by the copy
of marriage agreement dated 07.10.2017, and Nikah Nama dated 01.11.2017, the photocopies of which have been placed on record. It is further
contended that the respondents against the law of the land are trying to cause interference in the peaceful married life of the petitioners and are also
trying to implicate them in the cooked up cases.
The documents reflecting the marriage of the petitioners are on record. Learned counsel for the petitioners has also placed on record Date of
Birth Certificate, issued by the Principal, Government Hr. Sec. School, Lone Hari, Kupwara of petitioner no.1, which shows her date of birth as
10.12.18895; in this way petitioner no. 1 was major at the time of solemnization of marriage.
It is stated that despite having married each other out of their free will and consent, the private respondents through the agency of police are
trying to harass them and get them framed in false cases.
In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon''ble Supreme Court in Lata Singh v.
State of UP and anr, AIR 2006 SC 2522 has held as under:
This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a
major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the
Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her
husband''s relatives.......................................................
The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when
we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest
as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young
men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our
opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This
is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of
the boy or girl do not approve of such inter caste or inter religious marriage the maximum they can do is that they can cut off social
relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the
person who undergoes such inter caste or inter-religious marriage. We, therefore, direct that the administration/police authorities
throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter religious marriage with a
woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, anyone who
gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal
proceedings by the police against such persons and further stern action is taken against such persons as provided by law.
In view of the above, this petition is, accordingly, disposed of with a direction that the official respondents shall ensure the protection of life and
liberty of the petitioners and shall take appropriate steps strictly in accordance with the ratio of the judgment (supra).