Jammu and Kashmir High Court
WP(C)/2109/2020 of ARZOO MANZOOR AND ANR. Vs UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME DEPARTMENT) on 31 December 2020
104 Supplementary-1 Cause List HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Through Video Conferencing) CM No. 6709/2020 In WP(C) No. 2109/2020 Arzoo Manzoor and Anr. …..Petitioner(s) Through: Mr. Mirza Saleem, Advocate V/s UT of J&K through Director General of Police and Ors.
S. No. 104
Supplementary-1 Cause List
HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR (Through Video Conferencing)
CM No. 6709/2020 In WP(C) No. 2109/2020
…..Petitioner(s)
Arzoo Manzoor and Anr.
Through: Mr. Mirza Saleem, Advocate
V/s
UT of J&K through Director General of Police and Ors. ….. Respondent(s)
Through: None
Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
O R D E R31.12.2020
CM No. 6709/2020:
Application, in view of averments made therein, is allowed and affixing of court fee, etcetera, is waived off, at this stage. However, petitioners/applicants shall make good the deficiency in Court fee, etc., within a week’s time after reopening of the Court in physical mode/hearing. CM
disposed of.
WP(C) No. 2109/2020 & CM No. 6710/2020:
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1. Petitioners seek protection as they apprehend harassment at the hands of respondent No. 5, given the marriage they have entered into against his wishes as also his relatives. Petitioners claim that they are major and have entered into marriage out of their own free will and consent.
2. I have heard the learned counsel for the petitioners. I have gone through the file as well. the file as well.
3. Parties are present through virtual mode, who have been identified by counsel, namely, Mirza Saleem. counsel, namely, Mirza Saleem.
4. Taking into account relief solicited for by the petitioners, writ petition is disposed of with a direction to respondents to provide security cover to petitioners and act in strict accordance with law laid down by the Supreme Court in Lata Singh v. State of U.P (2006) 5 SCC 475 and Shakti Vahini v. Union of India and Others, AIR 2018 SC 1601, provided that both the petitioners are major and marriage has been solemnized in strict accordance with prevalent laws, and if there is any case/FIR against any of petitioners, police may go ahead with the investigation under rules and take it to its logical conclusion.
5. It is made clear here that disposal of instant writ petition will not validate or confirm petitioners’ marriage, or age/majority, which, however, is subject to fulfilment of requirements as provided under prevalent laws.
Disposed of.
SRINAGAR 31.12.2020“Manzoor”
(VINOD CHATTERJI KOUL)
JUDGE