Judgment · High Court of Jammu & Kashmir and Ladakh
Case at a glance
Outcome
Disposed of
In this view of the matter, this petition is disposed of, at this
Key paragraphs
- Para 44. In this view of the matter, this petition is disposed of, at this stage, by directing that the respondents 1 to 4 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married…
Judgment
Through: Mr. Umar Mushtaq, Advocate Vs. UNION TERRITORY OF J AND K (HOME) AND ORS Through: ...Respondent(s) CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL,JUDGE ORDER 29-04-2025
The petitioners seek a direction to respondents 1 to 4 to provide them the police protection as they apprehend danger to their lives from respondents 5 and 6. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. They submit that since they have contracted the marriage against the wishes of the respondents 5 and 6 as such, they are facing harassment at his hands.
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.
Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.
Operative part
In this view of the matter, this petition is disposed of, at this stage, by directing that the respondents 1 to 4 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 the validity of their marriage.
The writ petition is, accordingly, disposed of. (WASIM SADIQ NARGAL) JUDGE SRINAGAR: 29-04-2025 Mubashir
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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