Akhtar Bano And Another vs Union Territory Of J&K And Others
2022 Latest Caselaw 320 j&K

                                                                  Sr. No.130

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                             WP (C ) No.396/2022
                                             CM No.1448/2022


Akhtar Bano and another                                        .....Petitioner(s)

                      Through: Mr. Bari Abdullah, 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

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

Class Grade Card issued by the J&K State Board of School Education in

respect of respondent No.2, wherein his date of birth is shown as 04.01.2000.

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 as per Muslim Laws. 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 HIGH O private allegations leveled against the F J Arespondents.

MMU & COURT KASHMIR AND The petition is disposed of along with connected CM(s).

LADAKH

( Puneet Gupta ) Judge Jammu 03.03.2022 Narinder

NARINDER KUMAR SHARMA 2022.03.04 10:55 I attest to the accuracy and integrity of this document