Jammu & Kashmir High Court – Srinagar Bench
Saika Akhter & Another vs Union Territory Of J&K And Ors on 21 December, 2024
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
Serial No. 88
Supplementary Cause List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 3003/2024
CM(8163/2024)
Saika Akhter & Another ... Petitioner(s)
Through: Mr. Junaid Bin Azad, Advocate.
Vs.
Union Territory of J&K and Ors. ...Respondent(s)
Through: Ms. Maha Majeed, Assisting Counsel vice
Mr. Mohsin S. Qadri, Sr. AAG.
CORAM:
HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE.
ORDER
21.12.2024
01. The petitioners seek a direction to the Respondent Nos. 1 to 3
to provide them police protection as they apprehend danger to their lives
from Respondent Nos. 4 to 6. It is submitted that the petitioners are major
and out of their free will, they got married. Copy of Nikahnama has been
placed on record. The petitioners submit that since they have contracted
the marriage against the wishes of Respondents 5 and 6, as such, they are
facing harassment at their hands.
02. Learned counsel for the petitioners refers to the decision of the
Supreme Court passed in case titled “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.
03. 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.
04. In view of the above, this petition is disposed of, at this stage, 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 their married life, if they approach them. It is made clear that
no opinion has been expressed with regard to the validity of marriage of
the petitioners.
05. The writ petition is, accordingly, disposed of along with
connected CM.
(RAJNESH OSWAL)
JUDGE
SRINAGAR:
21.12.2024
“HAMID”
Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document
23.12.24