Shivali Sharma And Another vs Union Territory Of J&K And Others
2022 Latest Caselaw 302 j&K

                                                                      Sr. No.130

           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU

                                                WP (C ) No.376/2022
                                                CM No.1374/2022


Shivali Sharma and another                                         .....Petitioner(s)

                       Through: Mr. Irfaan Khan, Advocate.


                 Vs

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

                       Through: Mr. Raman Sharma, AAG.

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

                                       ORDER

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 22.10.2021 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 02.03.2022 Tarun