✦ High Court of Jammu & Kashmir and Ladakh

LADAKH AT JAMMU WP(C) No. 1171 of 2023 · High Court of Jammu & Kashmir and Ladakh

LADAKH AT JAMMU WP(C) No. 1171 of 2023JAVED IQBAL WANI

Case at a glance

Bench
JAVED IQBAL WANI

Outcome

Disposed of

In this view of the matter, this petition is disposed of, at this stage, by

Key paragraphs

  • Para 44. In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if…

Judgment

Through: Mr. Abid Khan, Advocate UT of J&K and others V/s Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG … Petitioner/Appellant(s) … Respondent(s) CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER 08.05.2023

1.

The petitioners seek a direction to official respondents to provide them the police protection as they apprehend danger to their lives from respondent No. 7 &

8.

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 private respondents, as such, they are facing harassment at the hands of the private respondents no. 7 & 8.

2.

Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P. and another 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.

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

4.

In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents 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.

5.

The writ petition is, accordingly, disposed of. (JAVED IQBAL WANI) JUDGE JAMMU 08.05.2023. Naresh

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.

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