Saima Akhter And Another vs Union Territory Of J&K And Others
2021 Latest Caselaw 6 j&K/2

                                                                   Admission
                                                                   Sr. No. 120
             HIGH COURT OF JAMMU AND KASHMIR
                        AT SRINAGAR
                                    CM No. 258/2021
                                    CM No. 259/2021 in
                                    WP(C) No. 89/2021


Saima Akhter and another                                   ......Petitioner(s)

                       Through :- Mr. Mukhtar Ahmad Makroo, Advocate.
                                   v/s

Union Territory of J&K and others                          ......Respondent(s)

                        Through :-

Coram:       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE
::: :                                  (Through Virtual Mode from Jammu)
                                      ORDER

CM No. 259/2021

For the reasons stated in the application, the same is allowed. The

needful be done within three weeks after resumption of normal Court working.

Disposed of accordingly.

WP(C) No. 89/2021.

The petitioners submit in the petition that they are legally

wedded couple as they have entered into marriage of their own will. The

private respondents, father and brother of petitioner No.1, are causing

interference in the matrimonial life of the petitioners without any

justification. The petitioners are required to be protected from the harassment

caused by the said respondents.

As the petitioners claim to be major and having entered into

wedlock of their own volition they are required to be protected against the

harassment, if any caused by the said respondents. Learned counsel for the

petitioners has referred to judgment passed by the Hon'ble Supreme Court in 2 WP(C) 89/2021

writ petition (Crl) No. 028/2004 decided on 07.07.2006 titled Lata Singh Vs.

State of U.P.

Keeping in view the facts pleaded, the petition can be disposed

of at this stage even without notice by issuing appropriate directions to the

official respondents.

Accordingly, it is directed that the official respondents shall

provide necessary protection to the petitioners, if the petitioners approach the

official respondents with the allegations of harassment by the said

respondents.

However, it is made clear that the court has not expressed any

opinion on the validity of the marriage between the parties.

The petition is disposed of along with connected CM(s)

(Puneet Gupta) Judge Srinagar 22.01.2021 Shammi

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

SHAMMI KUMAR 2021.01.22 16:53 I attest to the accuracy and integrity of this document