Khushboo Khatoon & Anr vs J&K Ut & Ors
2021 Latest Caselaw 188 j&K/2

                                                                           Item No. 112
                                                                           Suppl. List-1

                                IN THE HIGH COURT OF JAMMU AND KASHMIR
                                              AT SRINAGAR

                                                                 WP(C) No.282/2021


                          Khushboo Khatoon & anr.                        ...Petitioner(s)

                                 Through: Mr. Ashiq Hussain Shah, Advocate

                          Vs.

                          J&K UT & Ors.                            ...Respondent(s)

                                  Through: Ms. Afroza Hassan, Assisting Counsel,
                                           vice Mr. B. A. Dar, Sr. AAG.


                          CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                                 ORDER(ORAL)

22.02.2021

1. Through the medium of instant petition, the

petitioners seek a direction upon official respondents to

provide them adequate protection as they apprehend

danger to their lives from the private respondents. It is

submitted that the petitioners are major and that they

have entered into wedlock out of their free and volition.

In support of their contention, the petitioners have placed

on record copies of Nikah Nama, marriage agreement,

affidavit of petitioner No.1, Aadhar card and domicile

certificate of petitioner No.1, photocopy of certificate

MOHAMMAD ALTAF BHAT issued by the J&K State Board of School Education 2021.02.23 15:28 I attest to the accuracy and integrity of this document

showing the date of birth of petitioner No.1 as

03.04.1999 and copy of driving licence of petitioner No.2.

2. It is contended in the petition that because the

petitioners have contracted marriage against the wishes

of private respondents, as such, they are facing

harassment at hands of private respondents.

3. Learned counsel for the petitioners while placing

reliance on the judgment of the Supreme Court in Lata

Singh v. State of U.P. and anr. 2006 (5) SCC 475,

submitted that in absence of there being any legal

impediment, the petitioners are entitled to enter into

wedlock as per their choice and the official respondents

are duty bound to protect their life and liberty.

4. I have heard the counsel for the petitioners and

perused the material on record.

5. Perusal of the record annexed with the writ petition

reveals that the petitioners are major and they have

contracted 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.

MOHAMMAD ALTAF BHAT 2021.02.23 15:28 I attest to the accuracy and integrity of this document

6. Keeping in view the relief sought, this writ petition

is disposed of, at this stage, with a direction to the official

respondents to provide adequate security cover to the

petitioners in accordance with the law laid down by the

Supreme Court in Lata Singh v. State of U. P. (2006) 5

SCC 475, if and when petitioners approach them.

7. It is made clear that no opinion is being been

expressed with regard to the authenticity of age proof of

age of the petitioners, particularly that of petitioner No.1

as also with regard to the validity of their marriage. The

official respondents are free to take a view on the basis of

the available material and thereafter proceed in

accordance with the law.

(Sanjay Dhar) Judge Srinagar 22.02.2021 "Bhat Altaf, PS"

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

MOHAMMAD ALTAF BHAT 2021.02.23 15:28 I attest to the accuracy and integrity of this document