Jammu & Kashmir High Court
Mahmooda Rashid And Another vs Ut Of J&K And Others on 23 December, 2024
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 169
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 3029/2024
Mahmooda Rashid and another .... Petitioner/Appellant(s)
Through:- Mr. Akshey R. Gupta, Advocate
V/s
UT of J&K and others .....Respondent(s)
Through:- Ms. Chetna Manhas, Advocate vice
Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
23.12.2024
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 to 10. It is submitted that the petitioners are major and
have married out of their own free will. Copies of Marriage Agreement
dated 23.07.2024 and Nikah Nama dated 23.07.2024 and proof of
petitioners’ date of birth have been placed on record. They submit that
since they have contracted the marriage against the wishes of respondent
Nos. 6 to 10, 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.
WP(C) No. 3029/2024 Page 2 of 2
3. Both the petitioners are present in Court and are identified by their
counsel.
4. Perusal of the record annexed with the writ file reveals that
petitioners are major and have contracted marriage on 23.07.2024
according to Muslim Personal Law, Rites and Customs.
5. 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 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 to 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 and inquiry. 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.
(SINDHU SHARMA)
JUDGE
Jammu:
23.12.2024
Vishal