S. No. 21
Supp. Cause List
IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) No. 1350/2024
CM No. 3665/2024
Ulfat Rashid and Anr. … Appellant/Petitioner(s)
Through: Mr. Sheikh Aijaz Ahmad, Adv.
Vs.
UT of JK and Ors. ...Respondent(s)
Through: Mr. Mohsin Qadri, Sr. AAG with
Ms. Maha Majeed, Assisting counsel.
CORAM:
MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
HON’BLE
ORDER
28.06.2024
The petitioners seek a direction to respondents 1 to 5 to provide them
the police protection as they apprehend danger to their lives from
respondents 6 to 9. 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 respondents 6 to 9, as such, they are facing harassment at their
hands. Petitioners in support of their age proof have placed on record date of
birth certificates issued by Govt. Higher Secondary School Quilmuqam
Bandipora and Govt. Higher Secondary School Madwan.
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. However, it appears that the
petitioners have not ever approached the official respondents for their
indulgence in the matter for providing protection to them.
4. In this view of the matter, this petition is disposed of, at this stage, by
providing that the respondents 1 to 5 shall look into the grievance of the
petitioners for providing them adequate security and 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.
( )
WASIM SADIQ NARGAL
JUDGE
SRINAGAR
28.06.2024
Sakeena