Komal Bhat And Another vs Union Territory Of J&K And Ors
2022 Latest Caselaw 199 j&K

                                                                     Sr. No.99

            HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                            AT JAMMU

                                               WP (C ) No.265/2022
                                               CM No.990/2022

Komal Bhat and another                                            .....Petitioner(s)

                        Through: Mr. Ayush Sharma, Advocate.


                   Vs

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

                        Through:


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

                                    ORDER

Learned counsel for the petitioners has produced photo-copy of 10th Class

Marks Statement in respect of petitioner No.2 issued by the Central Board of

Secondary Education wherein his date of birth is shown as 18.11.1990. The same is

taken on record.

Issue notice to the official respondents. 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 on 11.02.2022 as per Hindu rites.

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 15.02.2022 Narinder

NARINDER KUMAR SHARMA 2022.02.15 15:34 I attest to the accuracy and integrity of this document