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  1. Home/
  2. Library/
  3. High Court Of Jammu And Kashmir/
  4. 2024/
  5. June

Iqra Bano vs. Union Territory of J and K and Ors. (home Department)

Decided on 28 June 2024• Citation: WP(C)/1374/2024• High Court of Jammu and Kashmir
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                                                         S. No.8                    
                                                         Supp. List                 
                   IN THE HIGH  COURT  0F JAMMU   & KASHMIR   AND LADAKH            
                                        AT SRINAGAR                                 
                                       WP(C)  1374/2024                             
                                        CM(3725/2024)                               
                 IQRA BANO                              …Petitioner(s)/Appellant(s) 
                 Through: Mr. Erfaan Akbar, Advocate                                
                                             Vs.                                    
                 UNION TERRITORY OF J AND K AND ORS. (HOME      ...Respondent(s)    
                 DEPARTMENT)                                                        
                 Through:                                                           
                 CORAM:                                                             
                       HON’BLE  MR. JUSTICE WASIM SADIQ  NARGAL, JUDGE              
                                           ORDER                                    
                                          28.06.2024                                
                  1.   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 Nakahama 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.                             
                  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 directing that the respondents 1 to 5 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.              
                       ;                                                            
                                                (WASIM  SADIQ NARGAL)               
                                                          JUDGE                     
                  SRINAGAR:                                                         
                  28.06.2024                                                        
                  Mubashir