Sobia Hafiz And Another vs Ut Of J&K And Others
2022 Latest Caselaw 169 j&K

                                                                      Sr. No. 113

          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
                                (Through Virtual Mode)

                                                WP(C) No. 235/2022
                                                CM Nos. 895/2022 & 896/2022


Sobia Hafiz and another                              .....Appellant(s)/Petitioner(s)


                       Through: Mr. Nahiem Sheikh, Advocate.


                 Vs

UT of J&K and others                                            ..... Respondent(s)

                       Through: Mr. Sanchit Verma, Advocate vice
                                Mr. Raman Sharma, AAG.

Coram: HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                     ORDER

Issue notice to the official respondents. Mr. Sanchit Sharma, Advocate

appearing vice Mr. Raman Sharma, learned AAG accepts notice on their behalf.

Considered the plea of learned counsel for the petitioners, the petition can be

disposed of at this stage without issuing notice to the private respondents.

The petitioners submit in the petition that they are legally wedded couple

as they have entered into marriage of their own will as per Muslim Law. The

private respondents 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 private 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 private respondents. Learned counsel for the petitioners

has referred to judgment passed by the Hon'ble Supreme Court in writ

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

State of U.P.

Accordingly, it is directed that in case the petitioners approach the

official respondents with the representation, the official respondents shall

assess the threat perception as projected by the petitioners and accordingly

proceed in the matter.

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

opinion on the validity of the marriage between the petitioners nor of threat

or harassment allegations leveled against the private respondents.

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

( Puneet Gupta ) Judge Jammu :

11.02.2022 Pawan Chopra

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