SAIKA AKHTER AND ANOTHER v. UNION TERRITORY OF J AND K(HOME) AND ORS
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAJNESH OSWAL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-12-21. SAIKA AKHTER AND ANOTHER v. UNION TERRITORY OF J AND K(HOME) AND ORS. Read the judgment and case...
Judgment text
Serial No. 88 Supplementary Cause List-I HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 3003/2024 CM(8163/2024) Saika Akhter & Another … Petitioner(s) Through: Mr. Junaid Bin Azad, Advocate. Vs. Union Territory of J&K and Ors. ... Respondent(s) Through: Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin S. Qadri, Sr. AAG. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 21. 12. 2024 01. The petitioners seek a direction to the Respondent Nos. 1 to 3 to provide them police protection as they apprehend danger to their lives from Respondent Nos. 4 to 6. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Nikahnama has been placed on record. The petitioners submit that since they have contracted the marriage against the wishes of Respondents 5 and 6, as such, they are facing harassment at their hands. 02. Learned counsel for the petitioners refers to the decision of the Supreme Court passed in case titled “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. 03. 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. 04. In view of the above, this petition is disposed of, at this stage, 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 their married life, if they approach them.
It is made clear that no opinion has been expressed with regard to the validity of marriage of the petitioners. 05. The writ petition is, accordingly, disposed of along with connected CM. (RAJNESH OSWAL) JUDGE SRINAGAR: 21. 12. 2024 “HAMID” Abdul Hamid Bhat I attest to the accuracy and authenticity of this document 23. 12. 24
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