Jammu and Kashmir High Court
WP(C)/3305/2023 of MOHD MEHTAB AND ANOTHER Vs U T OF J AND K TH SSP RAJOURI AND OTHERS on 30 December 2023
OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP (C) No. 3305/2023 CM No. 7998/2023 1. Mohd. Mehtab, Age 23 years, S/o Mohd. Lateef. 2. Saba Jan, Age 20 years, W/o Mohd. Mehtab D/o Ghulam Mohiuddin Khan, Both residents of Lower Saroola, Tehsil Manjakote, District Rajouri. .....
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
Case: WP (C) No. 3305/2023 CM No. 7998/2023 CM No. 7998/2023
1.Mohd. Mehtab, Age 23 years,
S/o Mohd. Lateef.
2.Saba Jan, Age 20 years,
W/o Mohd. Mehtab D/o Ghulam Mohiuddin Khan, D/o Ghulam Mohiuddin Khan, Both residents of Lower Saroola, Tehsil Manjakote, District Rajouri. Tehsil Manjakote, District Rajouri.
..... Petitioner(s)
Through :-Mr. Ch. Nayaz Ahmed Naz, Advocate.
Vs
1.Union Territory of Jammu and
Kashmir through Senior Superintendent of Police, (SSP), Rajouri. Superintendent of Police, (SSP), Rajouri.
2.The SHO, Police Station, Manjakote, Rajouri. Rajouri.
3.Ghulam Mohiuddin Khan S/o Late Mohd. Hussain. S/o Late Mohd. Hussain. 4.Razia Begum W/o Ghulam Mohiuddin Khan W/o Ghulam Mohiuddin Khan
5.Babar Khan S/o Ghulam Mohiuddin Khan S/o Ghulam Mohiuddin Khan
6.Sabar Khan S/o Ghulam Mohdiuddin Khan S/o Ghulam Mohdiuddin Khan
7.Fareed Khan S/o Late Mohd. Hussain S/o Late Mohd. Hussain All residents of Shadab Kreva, Tehsil Shopian District Shopian. Tehsil Shopian District Shopian.
.....Respondent(s)
Through :-Ms. Monika Kohli, Sr. AAG.
CORAM: HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER
30.12.2023
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01. Issue notice to the official respondents. Ms. Monika Kohli, Sr. AAG accepts notice on their behalf.
02. 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. can be disposed of at this stage without issuing notice to the private respondents.
03. The petitioners submit in the petition that they are legally wedded couple as they have entered into marriage of their own will on 14.12.2023 as per Muslim Law. 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.
04. 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 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.
05. 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.
06. The petition is disposed of along with connected CM(s).
JAMMU :
30.12.2023 Pawan Chopra
(PUNEET GUPTA)
JUDGE
Whether the order is speaking : Yes/No Whether the order is reportable: Yes/No
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