Sr. No. 22
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 1476/2024
CM No. 3605/2024
1. Riya Malhotra, Age 19 years Petitioner(s)
…..
D/o Rano Kumar
W/o Sh. Vikram Kumar
2. Vikram Kumar Age 24 years
S/o Late Sh. Raj Kumar
Both resident of Ward No. 2 Kathua,
Tehsil & District Kathua
Through: Mr. Shafiq Chowdhary, Advocate.
Vs
1. Union Territory of Jammu & Kashmir,
.…. Respondent(s)
Through Senior Superintendent of Police,
District Kathua
2. Incharge, Police Station Kathua
3. Rano Kumar S/o Sandokh Raj
4. Sudesh Kumari W/o Sh. Rano Kumar
Both resident of Ward No. 2 Kathua,
Tehsil & District Kathua
Through: Ms. Priyanka Bhat, Assisting Counsel to
Ms. Monika Kohli, Sr.AAG for R-1&2
Coram: MOHD. YOUSUF WANI, JUDGE
HON’BLE MR. JUSTICE
ORDER
28.06.2024
1. Through the medium of instant petition filed under Article 226 of the
Constitution of India, the petitioners seek issuance of writ/direction in the
nature of mandamus for commanding the respondents Nos. 1 and 2 to
provide adequate security to them as they are apprehending threat to their
lives at the hands of the respondents Nos. 3 and 4 for contracting marriage
out of their own will and choice. They also seek direction upon the
official respondents Nos. 1 and 2 not to register any case against them at
the instance of the private respondents Nos. 3 and 4.
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WP(C) No. /2024
2. It is the case of the petitioners that they being major have contracted
marriage out of their free will and choice as per the Hindu rites and
customs and since they have contracted the marriage against the wishes of
the respondents Nos. 3 and 4, who happens to be the parents of the
petitioner No. 1, as such they are apprehending threat to their lives and
harassment at the hands of the said respondents Nos. 3 and 4.
3. The petitioners have placed on record the documents, i.e., their Aadhaar
Cards and school certificates revealing the date of birth of the petitioner
No. 1 as 01.11.2005 and of petitioner No. 2 as 11.11.2000. The petitioners
have submitted in the instant petition that they have entered into a
marriage agreement on 09.06.2024.
4. It is submitted by learned counsel for the petitioners that the instant writ
petition be disposed of at this stage in view of the law laid down by the
Lata Singh vs. State of UP & anr. [2006] 5
Hon’ble Apex Court in “ ”
SCC 475.
5. Accordingly, the instant petition is admitted to hearing and upon hearing
the learned counsel for the petitioners, is disposed of with the direction to
the official respondents Nos. 1 and 2 to provide security assistance to the
petitioners as and when they approach them for their protection. However,
this order shall not be construed as any opinion of this Court regarding
validity of the marriage. It is also made clear that FIR, if any, having been
registered in respect of the incident against the petitioner No. 2, the same
shall be carried to its logical conclusion pursuant to the statement of the
petitioner No. 1 which shall, as such, necessarily be recorded without any
delay, in case any FIR stands registered.
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WP(C) No. /2024
6. Disposed of as above along with connected CM(s).
(A (Mohd. Yousuf Wani)
Judge
Jammu
28.06.2024
Pawan Angotra
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No
Pawan Angotra
2024.06.28 19:41
I attest to the accuracy and
integrity of this document