ABIDA BANO AND ANR. v. UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME DEPARTMENT)
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 2024-07-04. ABIDA BANO AND ANR. v. UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME...
Judgment text
S. no 23 HIGH COURT OF JAMMU &KASHMIR AND LADAKH Supplementary List AT SRINAGAR ……. WP(C) no1426/2024 Abida Bano and another ……. Petitioner(s) Through: Mr. Shah Ashiq Hussain, Adv. Versus Union Territory of J&K and another ……Respondent(s) Through: Ms. Maha Majeed, Assisting counsel CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 04. 07. 2024 1. Petitioners seek protection as they apprehend harassment at the hands of respondents 4&5, in view of they having entered into marriage against their wishes as also their relatives. Petitioners claim that being major, they have entered into marriage out of their own free will and consent. To this effect, statement of petitioner no. 1 has been recorded by Registrar Judicial of this Court in presence of the counsel in pre-lunch session. 2. I have heard counsel for parties. I have gone through the file as also statements deposed by petitioners before the Registrar Judicial of this Court. 3.
Taking into account relief sought for by petitioners, writ petition is disposed of with a direction to respondents to provide protection to petitioners and act in strict accordance with law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India and others AIR 2018 SC 1601. Petitioners, in this regard, shall be free to approach concerned police station with the grievances put forth by them in the instant writ petition. The police shall take into account the allegations made and proceed in the matter in accordance with law and they shall also ensure that petitioners are not harassed by private respondents. 4. It is made clear here that disposal of instant writ petition will not validate or confirm petitioners’ marriage or their age/majority, which, however, is subject to fulfilment of requirements as envisaged under prevalent laws. Disposed of. (Vinod Chatterji Koul) Judge Srinagar 04. 07.
2024 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document Srinagar 04. 07. 2024 15. 29
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