Komal Sharma & Anr vs Union Territory Of J&K & Ors
2021 Latest Caselaw 1128 j&K

                                             Sr. No. 74
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

                                                       WP(C) No. 1864/2021
                                                         CM No. 7023/2021

Komal Sharma & anr.                                .... Petitioner/Appellant(s)

                        Through:-    Mr. Divyanshu Malhotra, Advocate

                  V/s

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

                        Through:-    Mr. Raman Sharma, AAG for R-1 to 5
                                     Mr. S. S. Ahmed, Advocate for R-6 to
                                     15

CORAM :      HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                ORDER

01. Petitioners claim to have married each other out of their own free

will. They seek a direction to respondent Nos. 2 to 5 to protect their life

and personal liberty and ensure that no harassment is caused to them on

behest of respondent Nos. 6 & 15, who are also extending threats to

them as well as their relatives. The petitioners' contention is that they

were in love with each other and decided to solemnize marriage but as

they belong to different religion, the parents of petitioner No. 2 were

opposed to the same.

02. Petitioner No. 2 approached her parents for solemnizing her

marriage with petitioner No. 1 but they were opposed to the same and

want to get her married with a boy of their own choice. The petitioners

have now solemnized their marriage on 16.08.2021 according to Hindu

Rights and Rituals at Arya Samaj Mandir Kurukshetra (Haryana). A

certificate issued by the Arya Samaj Mandir is also appended to this

petition.

03. On 08.09.2021, when this petition was taken up for

consideration, counsel for the private respondents leveled allegations

attributing the act of kidnapping to petitioner No. 1. Accordingly, a

direction was issued to SSP Jammu to provide protection to the

petitioners and ensure their presence in Court on 10.09.2021 at 2 PM.

On 10.09.2021, again time was sought and granted to ensure their

presence under protection.

04. Mr. Raman Sharma, learned AAG, submits that the petitioners

have been granted temporary protection by Haryana Police. In

compliance to the order dated 08.09.2021, a team of the officials under

the supervision of SHO Police Station Pacca Danga, Jammu had gone

to Haryana to provide protect to petitioner No. 2 to ensure her presence,

but petitioner No. 2 has refused to accompany them stating that there is

a severe threat to her life as well as her husband's life. She in fact has

requested for appearance in the Court through virtual mode.

05. Accordingly, virtual link is provided to the petitioners and

petitioner No. 2 has appeared through virtual mode in presence of the

police authorities at Haryana. Petitioner No. 2 has submitted that she is

31 years of age and a government employee working in the Rural

Development Department and she has married petitioner No. 1 out of

her love and affection for him and out of her own free will. She wants

to appear virtually as she apprehends danger from the private

respondents, therefore, she seeks protection from the Court to her life

and liberty.

06. Reliance is placed on a judgment of Hon'ble Supreme Court

rendered in case titled Lata Singh v. State of U.P. and anr.; 2006 (5)

SCC 475, wherein it has been held as under:

"This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law."

07. The protection of life and liberty is a fundamental right of every

citizen under Article-21 of the Constitution of India.

08. In view of the aforesaid, this petition is disposed of by directing

the respondents to ensure that the petitioners are not subjected to any

harassment by respondent No. 5 or any of their relatives connected with

the case. They may also be provided with adequate security and to

ensure that nobody interferes in married life of the petitioners. It is

made clear that no opinion has been expressed with regard to the

validity of their marriage, and the police shall extend the necessary

protection to them.

09. Disposed of alongwith CM(s).

(Sindhu Sharma) Judge JAMMU 16.09.2021 RAM MURTI Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No

RAM MURTI 2021.09.17 17:59 I attest to the accuracy and integrity of this document