TANIA KOSSER 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 VINOD CHATTERJI KOUL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-05-24. TANIA KOSSER AND ANOTHER v. U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS. Read...
Judgment text
HIGH COURT OF JAMMU, KASHMIRAND LADAKH ATJAMMU WP( C) No. 1121/2024 Tania Kosser and another ..... Petitioner(s) Through:- Mr. Dilbagh Singh, Advocate v/s Union Territory of J&K and others ..... Respondent(s) Through:- Ms. Sagira Jaffar, Assisting counsel vice Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 1. The petitioners who are present in the Court have been identified by their counsel Mr. Dilbagh Singh, Advocate. 2. The grievance of the petitioners is that being majors, they have solemnized their marriage on 30. 01. 2024 with their free will and without any pressure, threat or coercion. The petitioners have raised an apprehension of a threat to their life at the hands of private respondent Nos. 5 to 9 who are parents and relatives of the petitioner No. 1. The petitioners have placed on th th record photocopies of the 10 and 8 Class Marks Card and Adhar Card to show their age proof.
The petitioners have also placed on record copy of marriage agreement dated 26. 12. 2023 as well as Nikha Nama dated 30. 01. 2024 and affidavit regarding marital status. 3. Statements of the petitioners have been recorded before the Registrar Judicial of this Court. The same are taken on record. WP(C) No. 1121/2024 4. Heard. 5. Issue notice. Ms. Sageera Jafar, Assisting Council to Mrs. Monika Kohlil, Sr. AAG accepts notice on behalf of the official respondents and submits that the instant petition may be disposed of at this stage by providing that in case the petitioners approach the respondent No. 3 Station House Officer, (SHO) Police Station, Katra (Reasi) for providing protection to their life and liberty, the said SHO will assess the same and will take necessary steps regarding their safety. 6.
Without commenting upon the validity of the marriage, this writ petition is disposed of at this stage with a direction to the petitioners that in the event they apprehend any threat to their life and liberty at the hands of the respondent Nos. 5 to 9, they shall approach respondent No. 3 i. e. , SHO, Police Station, Katra (Reasi)who shall enquire about the age of the petitioners and in case grievance of the petitioners is found genuine, he shall provide protection to them against the threats from respondent Nos. 5 to 9. This order shall not be considered as a stamp of approval of marriage solemnized between the petitioners and shall not come in the way of investigation in the event any FIR has been registered. 7. The writ petition is, accordingly, disposed of. (VINOD CHATTERJI KOUL) JUDGE Jammu 24. 05. 2024 Bir Whether approved for reporting? Yes/No
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