Qulsuma Aara & Anr. v. UT through Director General of Police & Ors.

Through: Mr. Jamsheed Ahmad Bhat, Advocate Vs. UT through Director General of Police and Ors. ...Respondent(s) Through: Mr. Faheem Nisar Shah, GA with Ms. Maha Majeed, Advocate CORAM: HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE ORDER 08.12.2023

In compliance with order dated 02.12.2023, ASI, Mohammad Jaffar, Police Post Zachaldar Kupwara has produced both the petitioners and submits that upon investigation, it has been found that both the petitioners are major and have, therefore, run away for contracting marriage of their own will and volition.

In this petition, both petitioners claim that there are Muslim by religion and have contracted their marriage out of their free will and that they being major, are entitled to make their choice. It is submitted that a false and frivolous FIR has been registered by the father of petitioner No.1 who is not happy with the choice made by her to marry petitioner No.2. It is in these circumstances, both the petitioners are before this Court seeking protection of their life and liberty from the uncalled for interference by respondent No.7, the father of petitioner No.1.

Having heard the petitioners appearing in person and also Mr. Mohamamad Jaffar, ASI who has caused presence of both the petitioners in the Court and Ms. Maha Majeed, Advocate, I am of the view that prima- facie both the petitioners are major and have contracted marriage out of their free will and volition.

The petitioners being major are entitled to make their choice and nobody including the parents of the petitioners can force their choice upon them. Since the respondent No.7 has not taken the decision made by her daughter kindly as such, he is causing interference in their life by lodging false and frivolous FIR. Mr. Mohammad Jaffar, ASI submits that the proceedings in the FIR have been conducted and a statement of petitioner No.1 under Section 164 Cr.PC has been recorded. The case as lodged by respondent No.7 has not been proved.

Be that as it may, under the facts and circumstance, case is made out for issuance of directions to protect the life and liberty of petitioners who claim to have voluntarily married with each other and wish to stay together as husband and wife.

This petition is accordingly disposed of by directing respondents not to interfere or cause any interference in the peaceful marital life of the petitioners. Respondent No. 4 and 5 shall ensure that requisite protection to the life and property of the petitioners is extended if need would so arise. I, however, make it clear that this Court has not given any final opinion on the validity or otherwise of the marriage of the petitioners. Disposed of. SRINAGAR 08.12.2023 “Aadil” (SANJEEV KUMAR) JUDGE