Jammu and Kashmir High Court
WP(C)/4566/2019 of MOHAN LAL AND ANR Vs UNION TERRITORY OF J AND K TH DGP JAMMU AND ORS on 31 December 2019
HIGH COURT OF JAMMU AND KASHMIR ATJAMMU WP(C) No. 4566/2019 CM No. 9673/2019 Mohan Lal and another .....Petitioner(s) Through :- Mrs. Richa Sharma, Advocate V/s Union Territory of J&K and others .....Respondent(s) Through :- CORAM :HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE ORDER 1.
HIGH COURT OF JAMMU AND KASHMIR ATJAMMU
WP(C) No. 4566/2019 CM No. 9673/2019
Mohan Lal and another
.....Petitioner(s)
Through :-Mrs. Richa 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
1. Both the petitioners are present in person. Petitioner No. 2- Navjyot states that she has attained the age of majority and married with petitioner No. 1 out of her own free will and consent. states that she has attained the age of majority and married with petitioner No. 1 out of her own free will and consent.
2. The documents reflecting the marriage of the petitioners are on record. The petitioners have also placed on record the documents, which show that both of them are major. The petitioners have also placed on record the documents, which show that both of them are major.
3. It is stated in the petition that despite having married each other with their own free will and consent, the private respondent through the agency of police are harassing them and intend to get them framed in false cases. agency of police are harassing them and intend to get them framed in false cases.
4. In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon’ble Supreme Court in Lata Singh v. State of UP and anr, AIR 2006 SC 2522 has held as under: own free will and volition, the Hon’ble Supreme Court in Lata Singh v. State of UP and anr, AIR 2006 SC 2522 has held as under:
“14. This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband’s relatives…………………………………….……………
17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter caste or inter religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter caste or inter-religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”
Ratio decidendi
5. In view of the above, this petition is, accordingly, disposed of at this stage, with a direction that the official respondent Nos. 2 to 5 shall ensure the protection of life and liberty of the petitioners and shall take appropriate steps strictly in accordance with the ratio of the judgment (supra).stage, with a direction that the official respondent Nos. 2 to 5 shall ensure the protection of life and liberty of the petitioners and shall take appropriate steps strictly in accordance with the ratio of the judgment (supra).
6. 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.under the seal and signature of the Bench Secretary of this Court.
(Sanjeev Kumar) Judge
JAMMU 31.12.2019 Shammi