Jammu & Kashmir High Court - Srinagar Bench
Irshad Ahmad Bhat And Anr vs Ut Of Jk And Ors on 23 August, 2022
Author: Sanjeev Kumar
Bench: Sanjeev Kumar
S. No. 84
Suppl. List 1
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 1808/2022
CM No. 4452/2022
Irshad Ahmad Bhat and Anr. ...Petitioner(s)
Through: Mr. Abid Zahoor, Adv.
Vs.
UT of JK and Ors.
Through: Ms. Asifa Padroo, AAG.
CORAM:
HON'BLE MR JUSTICE SANJEEV KUMAR, JUDGE
ORDER
23.08.2022
01. The petitioners seek a direction to respondents 1 to 5 to provide them the police protection as they apprehend danger to their lives from respondents 6 to 9. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. They submit that since they have contracted the marriage against the wishes of respondents 6 to 9, as such, they are facing harassment at their hands.
02. 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.
03. 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 the 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.
04. In this view of the matter, this petition is disposed of, at this stage, by providing that the respondents 1 to 5 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the age and validity of their marriage.
05. The writ petition is, accordingly, disposed of.
(SANJEEV KUMAR) JUDGE SRINAGAR 23.08.2022 "Shamim Dar"