NAZAKET HUSSAIN AND ANOTHER v. UT OF J AND K TH. DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-09-04. NAZAKET HUSSAIN AND ANOTHER v. UT OF J AND K TH. DIRECTOR GENERAL OF POLICE, JAMMU AND OTHERS....
Judgment text
Sr. No. 189 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 2151/2024 CM No. 5234/2024 Nazaket Hussain and another …. Appellant/Petitioner(s) Through :- Mr. Akeel Wani, Advocate. V/s U. T. of J&K and others …. Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 04. 09. 2024 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 No. 4. It is submitted that the petitioners are major and have married out of their own free will. Copies of Marriage Agreement dated 23. 08. 2024 and Nikah Nama dated 15. 07. 2024 and proof of petitioners’ date of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent No. 4, 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 Personal Law, rites and customs. Any person having 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, particularly that of petitioner No.
1 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: 04. 09. 2024 Renu Renu Bala 2024. 09. 05 10:46 I attest to the accuracy and integrity of this document
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