Tahira Bano & Anr. v. UT of JK & Ors.
Case at a glance
- Bench
- WASIM SADIQ NARGAL
Outcome
Disposed of
In this view of the matter, this petition is disposed of, at this stage, by
Key paragraphs
- Para 0505. In this view of the matter, this petition is disposed of, at this stage, by providing that the respondents 1 to 5 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. Ahtisham Mir, Adv. Vs. UT of JK and Ors. ...Respondent(s) Through: Mr. H.Aman Ali, Dy.AG. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE. ORDER 22.11.2024
This Court, vide Order dated 20th November, 2024, directed the learned counsel for the petitioners to place on record the age proof of petitioner no. 2 after verifying the same from the original record. Today, when the matter was taken up, learned counsel for the petitioners with the view to justify the age proof of petitioner no. 2, has produced his original date of birth certificate and Photostat copy whereof is taken on record which shows his date of birth as 25th March, 2003. The petitioner no. 1, in support of her date of birth, has placed on record certificate issued by the Jammu and Kashmir State Board of School Education.
The petitioners seek a direction to respondents 1 to 5 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 6 to 9. 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 respondent Nos.6 to 9, as such, they are facing harassment at their 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 providing that the respondents 1 to 5 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. SRINAGAR: 22.11.2024 “Shamim Dar” (WASIM SADIQ NARGAL) JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.