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Jammu & Kashmir High Court

Govind Singh And Another vs Ut Of Jammu And Kashmir And Ors on 19 March, 2021

Author: Sanjeev Kumar

Bench: Sanjeev Kumar

                                                                     Sr. No. 123

               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU


                                                    WP(C) 544/2021
                                                    CM 2538/2021

Govind Singh and another                                        ..... Petitioner (s)

                                 Through :- Mr.Maneesh Rampal Advocate

                           V/s

UT of Jammu and Kashmir and ors                                .....Respondent(s)

                                 Through :-

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                     ORDER

1 The petitioners seek a direction to respondent Nos. 1 to 3 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 4 and 5, who are relatives of petitioner No.2. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Marriage Agreement has been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 4 and 5, as such, they are facing harassment at their hands.

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 the 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. 2

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 his/her 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.

4. In this view of matter, this petition is disposed of, at this stage, by providing that respondents shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if they approach them. It is made clear that no opinion has been expressed with regard to the age of the petitioners or with regard to the validity of their marriage.

(SANJEEV KUMAR) JUDGE Jammu 19.03.2021 Sanjeev Whether the order is speaking: Yes Whether the order is reportable: Yes/No