JANVI MANHAS AND ANOTHER v. U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE JAVED IQBAL WANI
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-03-18. JANVI MANHAS AND ANOTHER v. U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS. Read...
Judgment text
Serial No. 171 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No. 563/2024 CM No. 1354/2024 1. Janvi Manhas Age 22 years ….. Petitioner(s) D/o Karan Singh W/o Mandeep Singh R/o Bandu Rakh, Kunjwan Talab, Gangyal Jammu. 2. Mandeep Singh Age 22 years S/o Nirmal Singh R/o Bandu Rakh, Kunjwan Talab, Gangyal Jammu. Through: Ms. Himani Uppal, Advocate. Vs 1. UT of Jammu and Kashmir Through . …. Respondent(s) Commissioner/Secretary Home Department Civil Secretariat Jammu. 2. The Senior Superintendant of Police, Jammu. 3. Station House Officer Police Station Gangyal, Jammu. 4. Station House Officer Police Station Gandhi Nagar, Jammu. 5. Karan Singh S/o Sarab Singh R/o Chib Mohala, Digiana Jammu. Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE ORDER (18. 03. 2024) 1.
The petitioners, through the present petition, seek a direction to official respondents to provide them the police protection as they apprehend danger to their lives from respondent no. 5. It is submitted that the petitioners are major and out of their free will they got married. Copy of marriage agreement has been placed on record. They submit that since they have contracted the marriage against the wishes of private respondents, as such, they are facing harassment at the hands of respondent no. 5. 2. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U. P. and another 2006 2 WP(C) No. 563/2024 CM No. 1354/2024 (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.
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. 4. In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents 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 their marriage. 5. The writ petition is, accordingly, disposed of along with connected application. 6. A copy of this order be provided to learned counsel for the parties under the seal & signature of Bench Secretary of this Court. (JAVED IQBAL WANI) JUDGE JAMMU 18. 03.
2024 Bunty
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