Jammu and Kashmir High Court
WP(C)/2780/2021 of ROWNAQ REYAZ AND ANR. Vs UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) on 31 December 2021
41 Suppl. List. 1 IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP (C) No. 2780/2021 CM No. 8633/2021 Rownaq Reyaz & Anr. …Petitioner(s) Through: Mr Sajad Ahmad, Adv. Vs. Union Territory of JK &Ors. ...Respondent(s) Through: CORAM: HON’BLE MR JUSTICE SANJEEV
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKHAT SRINAGARWP (C) No. 2780/2021 CM No. 8633/2021
…Petitioner(s)
Rownaq Reyaz & Anr.
Through: Mr Sajad Ahmad, Adv.
Union Territory of JK &Ors.
Through:
Vs.
...Respondent(s)
CORAM:
HON’BLE MR JUSTICE SANJEEV KUMAR, JUDGE O R D E R 31.12.2021
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1. The petitioners seek a direction to official respondents to provide them the police protection as they apprehend danger to their lives from respondents. 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 private respondents, as such, they are facing harassment from his side.
2. Learned 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 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.
4. In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents 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.
(SANJEEV KUMAR) JUDGE