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Jammu & Kashmir High Court - Srinagar Bench

Ulfat Mushtaq And Others vs Ut Of J&K And Others on 24 July, 2020

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                            Supplementary cause list-2
                                                                          Item No.10

             HIGH COURT OF JAMMU AND KASHMIR
                         AT SRINAGAR
                             (Through Video Conference)


                                                  CM No. 2537/2020 in
                                                  WP(C) No. 1071/2020
                                                  CM No. 2538/2020

Ulfat Mushtaq and others                                             .....Petitioner (s)

                  Through :- Mr. Bhat Khursheed , Advocate
                                (on video call from residence at Srinagar)

                V/s

UT of J&K and others                                               .....Respondent(s)

                  Through :-

Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                   (through Video Conference from residence at Jammu)


                                      ORDER

24.07.2020 CM No. 2537/2020 The instant application has been filed by the petitioners seeking extension of time for filing the affidavit, stamp and court fee etc in support of writ petition. For the reasons stated in the application, the same is allowed.

The petitioners shall do the needful within a period of three days, when the normal functioning of the Courts begins.

Application is, accordingly, disposed of.

WP(C) No. 1071/2020 The grievance of the petitioners is that being majors, they have solemnized their marriage on 06.06.2020 with their free will and without any 2 WP(C) No. 1071/2020 pressure, threat or coercion. Learned counsel for the petitioners submits that the respondent Nos. 7 & 8 who are brother and father of petitioner No. 1, are continuously harassing and threatening the petitioners of dire consequences, despite knowing the fact that the petitioners have solemnized their marriage. The petitioners have raised an apprehension of threat to their life at the hands of private respondents. The petitioner No. 1 has placed on record the copy of the Achievement certificate to show her age proof. The petitioners have also placed on record the copy of the marriage agreement and copy of Nikah Nama executed between them on 06.06.2020.

Without commenting upon the validity of the marriage, this writ petition is disposed of at this stage with a direction to the petitioners that in the event they apprehend any threat to their life and liberty at the hands of the respondent Nos. 7 & 8, they shall approach the respondent Nos. 4/5, i.e. SHO, Police Station, Rajbagh/Trehgam, who shall look into the grievance of the petitioners and if found genuine, he shall provide protection to the petitioners against the threats from respondent Nos. 7 & 8.

Disposed of accordingly along with connected application.

(RAJNESH OSWAL) JUDGE SRINAGAR 24.07.2020 Karam Chand/Secy.