Jammu and Kashmir High Court
WP(C)/4572/2019 of KAVITA DEVI RAJPUT AND ANOTHER. Vs UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY HOME DEPTT AND OTHERS. on 31 December 2019
44 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU WP(C) No. 4572/2019 CM No. 9680/2019 Kavita Devi Rajput and another .....Petitioner(s) Through :- Mr. Ritesh Sharma, Advocate V/s Union Territory of J&K and others .....Respondent(s) Through :- CORAM : HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
WP(C) No. 4572/2019 CM No. 9680/2019
Kavita Devi Rajput and another
.....Petitioner(s)
Through :-Mr. Ritesh Sharma, Advocate
V/s
Union Territory of J&K and others
Through :-
.....Respondent(s)
CORAM :HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE
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ORDER
01. The petitioners claims to have solemnized their marriage on 15.10.2016 before the Arya Samaj Vedic Vivah Mandal Trust, Sunderpuri, Near Mohan Gate, Ghaziabad, U.P. Ever since, they have been staying together as husband and wife and there is also an issue out of the wedlock. Petitioners are now staying in rented accommodation in Udhampur, but are receiving threats from respondent Nos. 6 to 15, who are after their life. For the reason that the marriage between the petitioners is inter faith marriage. Petitioners submit that they have approached the SHO Police Station Udhampur, in this regard, but no protection has been provided to them.
02. Having heard learned counsel for the petitioners and perused the record, I am of the view that the petitioners are well within their right to live together as husband and wife and nobody including respondent Nos. 6 to 15 have any right or authority to interfere in the record, I am of the view that the petitioners are well within their right to live together as husband and wife and nobody including respondent Nos. 6 to 15 have any right or authority to interfere in their marital life. Whether or not inter faith marriages are legally valid, nobody can stop them from staying together as husband and wife. In the instant case, there is an issue out of the wedlock as well. The marriage between the petitioners may be against the liking of the respondent Nos. 6 to 15, but they cannot be permitted to take the law in their hands and cause any hurt to the petitioner. The respondent No. 5, if approached, is under legal obligation to ensure that the life and property of the petitioners’ is protected at all costs.
03. In view of the aforesaid, this writ petition is disposed of at this stage by directing the respondent No. 4 to consider the grievance of the petitioners and take all possible measures to ensure the protection of life and property of the petitioner No. 1 and 2. He shall ensure that they live peacefully without any interference from anyone including respondent Nos. 6 to 15. grievance of the petitioners and take all possible measures to ensure the protection of life and property of the petitioner No. 1 and 2. He shall ensure that they live peacefully without any interference from anyone including respondent Nos. 6 to 15.
04. Copy of this order be provided to the learned counsel for the petitioners under the seal and signature of the Bench Secretary of this Court. petitioners under the seal and signature of the Bench Secretary of this Court.
(Sanjeev Kumar) Judge
JAMMU 31.12.2019 Shammi