Serial No. 145
Supplementary Causelist-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 566/2024
CM(1539/2024)
CM(1744/2024)
Muzamil Amin & Anr. Petitioner(s)
…
Through: Mr. Abid Zahoor, Advocate.
Vs.
Union Territory of J&K and Others. ...Respondent(s)
Through: Ms. Maha Majeed, Assisting Counsel vice
Mr. Mohsin S. Qadri, Sr. AAG.
CORAM:
. JUSTICE WASIM SADIQ NARGAL, JUDGE.
HON’BLE MR
ORDER
29.03.2024
CM 1744/2024:
nd
01. This Court vide Order dated 22 March, 2024 directed the learned
counsel for the petitioners to place on record the authentic age proof of the
petitioners and in compliance to the said order, the learned counsel for the
petitioners has filed the present application, for placing on record the
photocopy of document certifying the age of the petitioner. Original
document has also been produced by the learned counsel for the petitioners,
which has also been perused.
02. For the reasons stated in the application, coupled with what has
been argued by the learned counsel for the petitioners, the same is allowed
and the photocopy of the document annexed with the instant application is
taken on record.
03. CM 1744/2024 is accordingly disposed of.
WP(C) 566/2024; CM(1539/2024);
04. The petitioners seek a direction to the Respondents 1 to 3 to provide
them the police protection as they apprehend danger to their lives from
Respondent No. 4. It is submitted that the petitioners are major and out of
their free will they got married. The petitioners submit that since they have
contracted the marriage against the wishes of Respondent No. 4, as such,
they are facing harassment at his hands. Copy of Nikah Nama has been
placed on record.
05. The 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.
06. 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.
07. In view the above, this writ petition is disposed of at this stage by
providing that the Respondents 1 to 3 shall look into the grievance of the
petitioners for providing them adequate security and to ensure that nobody
interferes in their married life, if the petitioners approach them. It is made
clear that no opinion has been expressed with regard to the validity of the
marriage of the petitioners.
08. Writ petition disposed of along with connected CM as above.
(WASIM SADIQ NARGAL)
JUDGE
SRINAGAR:
29.03.2024
“Hamid”