Jammu & Kashmir High Court
Nashada Begum And Anr vs Ut Of J&K And Ors on 29 January, 2025
Sr.No.45
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 138/2025
Nashada Begum and Anr. .... Petitioner(s)
Through :- Mr. Amandeep Singh, Advocate.
V/s
UT of J&K and Ors. ....Respondent(s)
Through :- Ms. Priyanka Bhat, Advocate vice
Ms. Monika Kohli, Sr. AAG.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
29.01.2025
01. In the instant petition, the petitioners seek a direction to respondent Nos. 1
to 3 to provide them the police protection as they apprehend danger to
their lives from respondent Nos. 4 to 7. It is submitted that the petitioners
are major and have married out of their own free will. Copy of Nikkah
nama dated 05.01.2025 and copy of Marriage Certificate dated 05.01.2025
and proof of petitioners’ date of birth has been placed on record. They
submit that since they have contracted the marriage against the wishes of
respondent Nos. 4 to 7, as such, they are facing harassment at their hands.
02. 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 the 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.
03. I have heard learned counsel appearing on behalf of the petitioners and
perused the record.
04. Perusal of the documents annexed with the writ petition, prima facie,
reveals that the petitioners are major and they have contracted the
marriage according to Muslim rites and customs. Any person having
WP(C) No. 136/2024
2
attained the age of majority is entitled to contract the marriage as per
his/her wishes and the police is duty bound to protect the life and liberty of
such persons, if approached by the concerned parties. However, it appears
that the petitioners have not approached the official respondents for their
indulgence in the matter for providing protection to them.
05. Keeping in view the relief sought for, this petition is ‘disposed of’, at this
stage itself, by providing that respondent Nos. 1 to 3 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.
06. It is made clear that no opinion is being expressed with regard to the
authenticity of age proof of the petitioners as also with regard to the
validity of their marriage. The police is free to take a view on the basis of
the available material and thereafter proceed in accordance with the law.
07. Petition is ‘disposed of’.
(Wasim Sadiq Nargal)
Judge
Jammu:
29.01.2025
Neha-1
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