IMRAN MALIK AND ANOTHER. v. UNION TERRITORY OF JAMMU AND KASHMIR TH PRINCIPAL SECRETARY HOME DEPTT AND OTHERS.
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MRS. JUSTICE SINDHU SHARMA
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2020-12-11. IMRAN MALIK AND ANOTHER. v. UNION TERRITORY OF JAMMU AND KASHMIR TH PRINCIPAL SECRETARY HOME...
Judgment text
Sr. No. 112 Supplementary-1 List HIGH COURT OF JAMMU AND KASHMIR AT JAMMU (Through Virtual Mode) WP(C) No. 1957/2020 CM No. 7395/2020 CM No. 7396/2020 Imran Malik & anr. …. Petitioner(s) Through:- Mr. Waseem Nissar, Advocate vice Mr. T. M. Khan, Advocate V/s Union Territory of J&K and ….. Respondent(s) others Through:- Mr. Raman Sharma, AAG CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER CM No. 7396/2020 Let the deficiencies be made good as per Circular No. 16/GS dated 29. 03. 2020 upon removal of the current lockdown. This application is disposed of as such. WP(C) No. 1957/2020 & CM No. 7395/2020 1. Petitioners seek a direction to respondent Nos. 2 to 4 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 to 10. It is submitted that the petitioners are major and have married out of their own free will. Copy of Marriage Agreement dated 14. 09. 2019 and copy of the Nikah Nama have been placed on record.
They submit that since they have contracted the marriage against the wishes of respondent Nos. 5 to 10, as such, they are facing harassment at their hands. th 2. Petitioner No. 2 submits that she has studied upto 12 class and her academic certificates are lying at her parental house and she has blessed with a female child. She has annexed Aadhar card and medical certificate showing her majority, with this petition. 2 WP(C) No. 1957/2020 3. 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. 4. Both the petitioners are present through virtual mode and are identified by their counsel. 5.
Perusal of the record annexed with the writ file reveals that petitioners are major and have contracted marriage on 16. 09. 2019 according to Muslim Personal Law, Rites and Customs. 6. Any person(s) 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 their 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. 7. Keeping in view the relief sought, this petition is disposed of, at this stage, by providing that respondent Nos. 2 to 4 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. 8. Disposed of alongwith connected CM (Sindhu Sharma) Judge JAMMU 11. 12. 2020 Ram Murti RAM MURTI 2020. 12. 11 16:25 I attest to the accuracy and integrity of this document
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