Jammu and Kashmir High Court
WP(C)/2861/2022 of AYAZ AHMED AND ANOTHER Vs U T OF J AND K TH PRINCIPAL SECRETARY HOME AND OTHERS on 31 December 2022
58 Supp. List-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 2861/2022 CM No. 7944/2022 Ayaz Ahmed and another …. Petitioner/Appellant(s) Through:- Mr. S.A. Hussain, Advocate. V/s UT of J&K and others …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG.
Sr. No. 58 Supp. List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 2861/2022 CM No. 7944/2022
Ayaz Ahmed and another
…. Petitioner/Appellant(s)
Through:- Mr. S.A. Hussain, Advocate.
V/s
UT of J&K and others
…..Respondent(s)
Through:- Mrs. Monika Kohli, Sr. AAG.
CORAM: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER
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1. 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 and 6. 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 respondent Nos. 5 and 6, as such, they are facing harassment at their hands. The petitioner No. 2, in support of her date of birth, has placed on record her Aadhar Card as well as Medical Report.
2. Learned counsel for the petitioners refers to the decision of the Supreme Court in “Lata Singh vs. State of U.P. and another” 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.
3. 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.
4. In this view of the matter, this petition is disposed of, at this stage, by providing that the 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 their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage.
5. The writ petition is, accordingly, disposed of.
Jammu31.12.2022 Michal Sharma
(Sanjeev Kumar) Judge