Jammu & Kashmir High Court
Amina Majid And Anr vs Ut Of J & K And Ors on 30 April, 2025
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 141
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP (C) No. 1050/2025
Amina Majid and Anr. .....Applicant(s)/Petitioner(s)
Through :- Mr. Mehtab Gulzar, Advocate
v/s
UT of J & K and Ors. .....Respondent(s)
Through :- Ms. Chetna Manhas, Advocate vice
Ms. Monika Kohli, Sr. AAG
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
30.04.2025
1. Petitioners seek a direction to respondent Nos. 1 and 4 to provide them the
police protection as they apprehend danger to their lives from respondent Nos. 5
to 8. It is submitted that the petitioners are major and have married out of their
own free will. Copies of Marriage Certificate/Nikahnama dated 26.04.2025 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. 5 to 8, 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.
WP (C) No. 1050/2025
2
4. Perusal of the record annexed with the writ file reveals that petitioners are
major and have married each other on 26.04.2025, according to Muslim Rites
and Rituals.
5. Any person 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. 1 and 4 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.
(Moksha Khajuria Kazmi)
Judge
JAMMU
30.04.2025
Manik
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