Afroza Bano & Anr vs Union Territory Of J&K & Ors
2021 Latest Caselaw 242 j&K/2

                                                                                Item No. 105
                                                                                Suppl. List-1

                                IN THE HIGH COURT OF JAMMU AND KASHMIR
                                              AT SRINAGAR

                                                                       WP(C) No.336/2021
                                                                        CM No.1111/2021


                          Afroza Bano & anr.                                   ...Petitioner(s)

                                 Through:   Mr. Mansoor Ahmad Mir, Advocate


                          Vs.

                          Union Territory of J&K & Ors.                   ...Respondent(s)

                                  Through: Ms. Afroza Hassan, Assisting Counsel.


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

                                                   ORDER(ORAL)

26.02.2021

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

contended in the petition that the petitioners are major

and that they have entered into wedlock out of their free

will and volition. In support of their contentions, the

petitioners have placed on record photocopies of

certificates issued by the J&K State Board of School

Education showing the date of birth of petitioner No.1 as

14.03.1994 and that of petitioner No.2 as 20.10.1987, MOHAMMAD ALTAF BHAT 2021.03.01 14:04 I attest to the accuracy and integrity of this document

CM No.1111/2021

Aadhar cards of both the petitioners, Nikah Nama,

marriage agreement and a copy of affidavit of the

petitioner No.1.

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 and other

relatives of petitioner No.1.

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

MOHAMMAD ALTAF BHAT 2021.03.01 14:04 I attest to the accuracy and integrity of this document

CM No.1111/2021

his/her wishes and the police is duty bound to protect

the life and liberty of such persons.

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

is disposed of, at this, 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

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 26.02.2021 "Bhat Altaf, PS"

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

MOHAMMAD ALTAF BHAT 2021.03.01 14:04 I attest to the accuracy and integrity of this document