Jammu & Kashmir High Court
Umar Farooq And Anr vs Ut Of J&K And Ors on 24 March, 2022
Author: Puneet Gupta
Bench: Puneet Gupta
Sr. No. 61
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 624/2022
CM No. 1976/2022
Umar Farooq and anr. .....Appellant(s)/Petitioner(s)
Through: Mr. Fahim Ahmed Mir, Advocate.
Vs
UT of J&K and ors. ..... Respondent(s)
Through: Mr. Raman Sharma, AAG
Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
Issue notice to the official respondents. Mr. Raman Sharma, learned AAG accepts notice on their behalf.
Considered the plea of learned counsel for the petitioners, the petition can be disposed of at this stage without issuing notice to the private respondents.
The petitioners submit in the petition that they are legally wedded couple as they have entered into marriage of their own will on 07.01.2022 as per Muslim rites. The private respondents are causing interference in the matrimonial life of the petitioners without any justification. The petitioners are required to be protected from the harassment caused by the private respondents.
As the petitioners claim to be major and having entered into wedlock of their own volition they are required to be protected against the harassment, if 2 WP (C ) No.624/2022 any caused by the private respondents. Learned counsel for the petitioners has referred to judgment passed by the Hon'ble Supreme Court in writ petition (Crl) No. 028/2004 decided on 07.07.2006 titled Lata Singh Vs. State of U.P. Accordingly, it is directed that in case the petitioners approach the official respondents with the representation, the official respondents shall assess the threat perception as projected by the petitioners and accordingly proceed in the matter.
However, it is made clear that the court has not expressed any opinion on the validity of the marriage between the petitioners nor of threat or harassment allegations leveled against the private respondents.
The petition is disposed of along with connected CM(s).
( Puneet Gupta ) Judge Jammu 24.03.2022 Tarun