ULFAT SHABIR & Anr. v. ORS
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. Parvaiz Ahmad Lone, Advocate Vs UNION TERRITORY OF J AND K (HOME) AND ORS ...Respondent(s) Through: CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 11.12.2024
#1. 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 30.06.2021 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 is placed on the copy of Grade Card of Class 10th issued by Jammu & Kashmir State Board of School Education which indicates date of birth of the petitioner as 21.05.1997.
#2. 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.
#3. 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.
#4. 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.
#5. Disposed of. SRINAGAR 11.12.2024 Aamir (MOKSHA KHAJURIA KAZMI) JUDGE Amir Rashid Sofi I attest to the accuracy and authenticity of this document
12.12.2024 14:17
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.