Jammu & Kashmir High Court - Srinagar Bench
Shahnawaz Ahmad Ganie And Anr vs Ut Of J&K And Ors on 31 December, 2020
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
S. No. 112
Supplementary-2 Cause List
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
(Through Video Conferencing)
CM No. 6642/2020
In WP(C) No. 2091/2020
CM No. 6643/2020
Shahnawaz Ahmad Ganie and Anr. .....Petitioner(s)
Through: Mr. Syed Abid Parvaiz, Advocate
V/s
UT of J&K and Ors. ..... Respondent(s)
Through: Mr. B. A. Dar, Sr. AAG for R1 to R6
Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER
31.12.2020 CM No. 6642/2020:
Application, in view of averments made therein, is allowed and affixing of court fee, etcetera, is waived off, at this stage. However, petitioners/applicants shall make good the deficiency in Court fee, etc., within a week's time after reopening of the Court in physical mode/hearing. CM disposed of.
WP(C) No. 2091/2020 & CM No. 6643/2020:
Heard.
Issue notice.
Mr. B. A. Dar, learned Sr. AAG, accepts notice on behalf of respondent Nos. 1 to 6. He submits that instant writ petition can be disposed of in view of relief claimed in writ petition.
Petitioners seek protection as they apprehend harassment at the hands of respondent No. 7, given the marriage they have entered into against his wishes as also their relatives. Petitioners claim that they are major and have entered into marriage out of their own free will and consent.
I have heard the learned counsel for the petitioners. I have gone through the file as well.
Petitioners are present through virtual mode, who have been identified by counsel, namely Syed Abid Parvaiz, Advocate.
Taking into account relief solicited for by the petitioners, writ petition is disposed of with a direction to respondents to provide security cover to petitioners and act in strict accordance with law laid down by the Supreme Court in Lata Singh v. State of U.P (2006) 5 SCC 475 and Shakti Vahini v. Union of India and Others, AIR 2018 SC 1601, provided that both the petitioners are major and marriage has been solemnized in strict accordance with prevalent laws, and if there is any case/FIR against any of petitioners, police may go ahead with the investigation under rules and take it to its logical conclusion.
It is made clear here that disposal of instant writ petition will not validate or confirm petitioners' marriage, or age/majority, which, however, is subject to fulfilment of requirements as provided under prevalent laws. Disposed of.
(VINOD CHATTERJI KOUL) JUDGE SRINAGAR 31.12.2020 "Manzoor"
MANZOOR UL HASSAN DAR 2020.12.31 16:12