Shanu and Another v. Ut of J and K Th Commissioner Secretary to Government Home Department Jammu and Others

ORDER

27.12.2024

01.

In the instant petition, the petitioners seek a direction to respondent Nos. 1 to 4 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 to 7. It is submitted that the petitioners are major and have married out of their own free will. Copy of Nikah Nama dated

27.10.2024 and proof of petitioners' date of birth have been placed on record. In support of the proof of age of the petitioner No. 2-Ashiq Ali, learned counsel for the petitioners has also produced a photocopy of Secondary School Examination (Class 10th) certificate of petitioner No. 2 which reflects his date of birth as

11.06.1998. The same is taken on record. Petitioners submit that since they have contracted the marriage against the wishes of respondent Nos. 5 to 7, as such, they are facing harassment at their hands.

¶02Learned 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 Sr. No. 145

that in the 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.

¶03Heard learned counsel for the petitioner at length and perused the record.

¶04Issue notice to the respondents.

¶05Ms. Monika Kohli, learned Sr.AAG accepts notice on behalf of the respondents 1 to 4.

¶06Perusal of the documents annexed with the writ petition, prima facie, reveals that the petitioners are major and they have contracted the marriage according to Muslim law and customs. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.

¶07Keeping in view the relief sought for, this petition is 'disposed of', at this stage itself, by providing that respondent Nos. 1 to 4 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.

¶08It is made clear that no opinion is being expressed with regard to the authenticity of age proof of the petitioners as also with regard to the validity of

their marriage. The police is free to take a view on the basis of the available material and thereafter proceed in accordance with the law.

¶09Petition is 'disposed of'.

(Wasim Sadiq Nargal) Judge

Jammu:

27.12.2024 Bir

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) 3062/2024 CM 7576/2024 Shanu and another ….Appellant/Petitioner(s) Through: Mr. Rahil Kazmi, Advocate V/s Union of India and others ….Respondent(s) Through :- Ms. Monika Kohli, Sr. AAG Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE