Jammu & Kashmir High Court
Afroza Bano And Another vs Ut Of J&K And Others on 13 August, 2021
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 347
HIGH COURT OF JAMMU& KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1647/2021
CM No. 6427/2021
Afroza Bano and another .... Petitioner/Appellant(s)
Through:- Mr. V. R. Wazir, Sr. Advocate
with Mr. Alok Singh Chib,
Advocate
V/s
UT of J&K and others .....Respondent(s)
Through:- Mr. Raman Sharma, AAG
CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
1. Petitioners seek a direction to respondent Nos. 2 to 4 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 to 14. It is submitted that the petitioners are major and have married out of their own free will. Copies of Marriage Agreement and Nikah Nama and proof of petitioners' age have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 5 to 14, 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 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. Both the petitioners are present in person and are identified by their counsel.
2 WP(C) No. 1647 /2021
4. Perusal of the record annexed with the writ file reveals that petitioners are major and have contracted marriage on 11.08.2021 according to Muslim Personal Law, Rites and Customs.
5. 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 their 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.
6. Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondent Nos. 2 to 4 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 the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.
7. Disposed of.
8. Copy of the order be provided to learned counsel for the petitioners under the seal and signature of the Bench Secretary.
(Sindhu Sharma) Judge JAMMU 13.08.2021 SUNIL-II Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No SUNIL KUMAR 2021.08.13 16:56 I attest to the accuracy and integrity of this document