Jammu & Kashmir High Court
Kaneez Akhter Amd Anr. vs The Director General Of Police And Ors. on 30 May, 2018
Equivalent citations: AIRONLINE 2018 J AND K 237
Author: Sanjay Kumar Gupta
Bench: Sanjay Kumar Gupta
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
OWP No.1070/2018, MP No.01/2018
Date of order:-30.05.2018
Kaneez Akhter and anr. Vs. The Director General of Police and ors.
Coram:
Hon'ble Mr. Justice Sanjay Kumar Gupta, Judge
Appearing counsel:
For Petitioner(s) : M/s A. M. Malik & Mohd. Qayoom, Advocates.
For respondent (s) :
i/ Whether to be reported in : Yes/No
Press/Media
ii/ Whether to be reported in : Yes/No
Digest/Journal
1. The case of the petitioners is that they are major and were having love
affair for the last more than one and a half year. They disclosed the fact of
their love affair to their respective parents, to which the parents of
petitioner No.2 agreed but the parents of petitioner No.1 got annoyed with
the petitioners. Even the parents of petitioner No.1 told the petitioner No.2
that if in future he tried to see their daughter, they will eliminate petitioner
No.2. Constrained by the above mentioned situation, both the petitioners
being major and capable of understanding their well-being, on 03.04.2018
performed/contracted marriage as per rituals prescribed by the Muslim
Personal Law (Annexure-A). After the solemnization of the marriage
between the petitioners, respondent Nos.4 to 6 had made the lives of the
petitioners miserable as both of them had married against the wishes of
respondent Nos.4 to 6. The marriage between the petitioners is not
acceptable to them. It is further submitted that the movements of the
petitioners have been restricted in view of the continuous harassment and
threat perception at the hands of respondent Nos.4 to 6 as they have openly
declared that they will kill both the petitioners in order to satisfy their ego.
The petitioners are innocent and have contracted the marriage with their
OWP No.1070/2018 & MP No.01/2018 Page 1 of 3
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own choice and aggrieved of the unnecessary threats and harassment made
by respondent Nos.4 to 6.
2. The petitioners, in person, appeared before this Court at the time of hearing
of the petition along with their counsel. They have categorically stated in
the open court that they have solemnized marriage with each other and have
also executed Nikahnama on 03.04.2018 with their own free will and
consent and without any force from anybody.
3. During the course of argument, learned counsel for the petitioners, has
stated that the petitioners would be satisfied, if this petition is disposed of at
this stage by directing the official respondents to provide adequate
protection from the harassment at the hands of respondent Nos.4 to 6.
4. I have considered the submissions of learned counsel for the petitioners.
5. From the perusal of petition, it is evident that this petition has been
supported by an affidavit. There is a report of radiologist (Annexure-B) as
per which the date of birth of petitioner No.1 is stated to be more than
twenty years; whereas as per copy of the Aadhar Card issued by the
Government of India, the date of birth of petitioner No.2 is reflected as
15.04.1995. So petitioners were major at the time of solemnization of
Nikahnama.
6. In similar circumstances where parties had entered into wedlock of their
own free will and volition, the Hon'ble Supreme Court in Lata Singh Vs.
State of U.P. and anr., reported in AIR 2006 SC 2522, has held as under:-
"16. This case reveals a shocking state of affairs. There is no dispute that
the Petitioner is a major and was at all relevant times a major. Hence she
is free to marry anyone she likes or live with anyone she likes. There is no
bar to an inter-caste marriage under the Hindu Marriage Act or any other
law. Hence, we cannot see what offence was committed by the Petitioner,
her husband or her husband's relatives.
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17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, OWP No.1070/2018 & MP No.01/2018 Page 2 of 3 3 inter-case marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter religious marriage the maximum they can do is that they can cut-off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-casts or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter religious marriage with a woman or man who is a major, the couple is not harassed by anyone nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."
7. In view of the above, this petition is, accordingly, disposed of at this stage with a direction that the official respondent Nos. 1 to 3 shall ensure the protection of life and liberty to the petitioners and shall take appropriate steps strictly in accordance with the ratio of judgment (supra).
(Sanjay Kumar Gupta) Judge Jammu 30.05.2018 Narinder OWP No.1070/2018 & MP No.01/2018 Page 3 of 3