Jammu & Kashmir High Court – Srinagar Bench
Shazia Banoo And Another vs Union Territory Of Jand K And Ors on 25 January, 2025
Serial No.18
Supp. Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C) NO. 159/2025
SHAZIA BANOO AND ANOTHER ...Petitioner(s)
Through: Mr. Syed Hamid Parwaz, Advocate
Vs.
UNION TERRITORY OF JAND K AND ORS ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE.
ORDER
25.01.2025
1. The petitioners claim to be major having solemnized their marriage in
accordance with the Shariat Law as per their own will and volition. It is
submitted that Nikah Nama was executed on 06.01.2025 in presence of
witnesses. The petitioners submit that they apprehend interference from
the respondents. With a view to substantiate their claim that the petitioner
No. 01 is major, reliance is placed on the copy of DOB certificate, issued
by the Jammu and Kashmir State Board of School Education, which
indicates the date of birth of petitioner as 04.03.2000.
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. Having heard learned counsel for petitioners and after perusing the
material placed on record, prima facie it appears that petitioner No. 01 is
a major and has solemnized her marriage with petitioner No. 02 out of her
own will and volition. Both the petitioners are before this Court and have
made a statement that they have solemnized their marriage out of their
own will and volition and that they are still together as husband and wife.
4. In view of the above, the present petition is disposed of with a
direction to the respondents to protect life and liberty of the petitioners. It
is, however, made clear that this Court has not observed anything
regarding the validity or otherwise of the date of birth certificates or the
documents annexed with the petition and respondents shall be at liberty to
proceed with the investigation of FIR, if any registered pertaining to the
present case.
(RAJESH SEKHRI)
JUDGE
SRINAGAR:
25.01.2025
“ARIF”