Komal Manhas And Another vs Ut Of J&K And Others on 20 January, 2025

Jammu & Kashmir High Court

Komal Manhas And Another vs Ut Of J&K And Others on 20 January, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                         Serial No. 70

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                    AT JAMMU

WP(C) No. 122/2025
CM No. 251/2025


Komal Manhas and another                              .....Appellant(s)/Petitioner(s)
                        Through: Mr. Rohit Verma, Advocate.
                   vs
UT of J&K and others                                             ..... Respondent(s)
                        Through: Mrs. Monika Kohli, Sr. AAG.

Coram:     HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                                        ORDER

20.01.2025

1. Petitioners seek a direction to respondent Nos. 1 to 5 to provide them the

police protection as they apprehend danger to their lives from respondent Nos. 6

& 7. It is submitted that the petitioners are major and have married out of their

own free will. Copies of Marriage Certificate dated 06.12.2024 and proof of

petitioners’ date of birth have been placed on record. Petitioners submit that since

they have solemnized the marriage against the wishes of respondent Nos. 6 & 7,

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. Both the petitioners are present in Court and are identified by their counsel.
2 WP(C) No. 125/2025

4. Perusal of the record annexed with the writ file reveals that petitioners are

major and have married each other on 06.12.2024 according to Hindu Rights and

Rituals.

5. Any person(s) having attained the age of majority are entitled to marry as per

their wishes and the police department is duty bound to protect their 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.

6. Keeping in view the relief sought for, this petition is disposed of, at this stage

itself, by providing that respondent Nos. 3 & 5 shall look into the grievance of the

petitioners for providing them adequate security and to ensure that nobody interferes

in married life of the petitioners, if the petitioners approach them. It is made clear

that no opinion has been expressed with regard to the validity of their marriage, and

the police is free to take a view on the basis of the available material. If it is found

that the parties are major and have married out of their own free will and consent, the

necessary protection shall be extended to them.

7. Disposed of along with connected CM(s).

(MOKSHA KHAJURIA KAZMI)
JUDGE

Jammu
20.01.2025
Neha-II