Judgment · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Outcome
Disposed of
This petition is disposed of by providing that none of the respondents
Key paragraphs
- Para 44. This petition is disposed of by providing that none of the respondents including the police shall interfere or cause any interference in the married life of the petitioners. This direction has been given by this Court after having been satisfied that both the petitioners…
Judgment
Through: Mr. Bhat Khursheed, Advocate Vs UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. Through: ...Respondent(s) CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 01.01.2025
The petitioners claim to be major having solemnized their marriage in accordance with the Shariat Law as per their own will and volition. It is submitted that Nikah Nama was executed on 26.12.2024 in presence of witnesses. The petitioners submit that they apprehend interference from the respondents. With a view to substantiate their claim that the petitioner No. 01 is major, reliance has been placed on the copy of school leaving certificate issued by Government Girls Middle School, Alambal, Mirgund wherein the age of the petitioner has been shown as 12.11.2005.
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.
Having gone through the contention of the learned counsel for petitioners and the material placed on record, prima facie it appears that petitioner No. 01 is a major and has solemnized her marriage with petitioner No. 02 out of her own will and volition. Both the petitioners are before this Court and have made a statement that they have solemnized their marriage out of their own will and volition and that they are still together as husband and wife. If that be the position, nobody including the police has a right to interfere in their peaceful married life.
Operative part
This petition is disposed of by providing that none of the respondents including the police shall interfere or cause any interference in the married life of the petitioners. This direction has been given by this Court after having been satisfied that both the petitioners are major and have solemnized their marriage out of their free will and volition.
Disposed of. SRINAGAR 01.01.2025 Aamir (MOKSHA KHAJURIA KAZMI) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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