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2018 Supreme(J&K) 791
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJAY KUMAR GUPTA, J.
Priya Sharma and Another – Petitioners
Versus
State of J&K and Others – Respondents
OWP No. 2553 of 2018, IA No. 01 of 2018
Decided On : 13-12-2018
For the Petitioner: Mr. Rohit Chandan.
For the Respondent: Mr. Raman Sharma.
The right to marry a person of one's choice and the protection of individual liberty are integral to the Constitution of India.
Headnote:
Inter-caste Marriage - Protection of Lives and Liberty - Hindu Marriage Act, Universal Declaration of Human Rights, Constitution of India - AIR 2006 SC 2522, AIR 2018 SC 1933, 2017 (10) SCC 1 - The court discussed the petitioners' inter-caste marriage and the protection of their lives and liberty in accordance with the Hindu Marriage Act, Universal Declaration of Human Rights, and the Constitution of India.
Fact of the Case:
The petitioners, who had entered into an inter-caste marriage of their own free will, sought protection from harassment and threats from the respondent's family.
Finding of the Court:
The court found that the petitioners were major at the time of marriage and had solemnized the marriage of their own free will. The court directed the official respondents to ensure the protection of the petitioners' lives and liberty in accordance with relevant judgments and legal provisions.
Issues: The issues involved the petitioners' plea for protection from harassment and threats due to their inter-caste marriage.
Ratio Decidendi: The court relied on the judgments in Lata Singh vs. State of U.P. and Another, AIR 2006 SC 2522 and Shafin Jahan vs. Asokan K.M. and Others, AIR 2018 SC 1933, emphasizing the right to marry a person of one's choice and the protection of individual liberty as integral to the Constitution of India.
Final Decision: The petition was disposed of with a direction for the official respondents to ensure the protection of the petitioners' lives and liberty in accordance with relevant legal provisions and judgments.
1. The case of the petitioners is that they are major and well qualified. They are well known to each other for the last more than six years and in view of their long association and understanding, both out of their own sweet will and without any fear, force, coercion or pressure decided to get married. They executed marriage agreement on 10.12.2018 and thereafter also performed marriage on 10.12.2018 at Arya Samaj Mandir, Janipur Colony, Jammu, in accordance with Hindu Rites and Custom. After marriage, petitioner no. 1 joined the company of petitioner No. 2 as his legally wedded wife.
2. It is further stated in the petition that respondent Nos. 4 to 7 are adamant to marry petitioner No. 1 with another person of their own choice and petitioner No. 1 many a times has requested her parents that it would be in the interest of both the families, if the things are settled amicably but respondent Nos. 4 to 7 showed complete adamancy to the request of petitioner No. 1.
3. Petitioners are living together as husband and wife, but respondent Nos. 4 to 7, who are against the marriage of petitioners, are bent upon to marry petitioner No. 1 to some other boy of their choice and because of their ego, have started causing interference, hindrance, hurdle and obstacle in the peaceful matrimonial life of the petitioners.
4. They have proceeded to state that their movement has been restricted due to the continuous harassment meted out to them at the hands of the respondent Nos. 4 to 7. They have also stated that the threat perception looms large on their heads, as the respondent Nos. 4 to 7 are bent upon to marry petitioner No. 1 to some other boy of their choice.
5. The petitioners, in person, appeared before this court at the time of hearing of the petition along with their counsel. They have categorically stated in the open Court that they have solemnized marriage with each other and have also executed Marriage Agreement on 10.12.2018 with their own free will and consent, and without any force from anybody.
6. During the course of argument, learned counsel for the petitioners, has stated that the petitioners would be satisfied, if this petition is disposed of at this stage by directing official respondents to provide adequate protection from the harassment at the hands of respondent Nos. 4 to 7.
7. I have considered the submissions of learned counsel for the petitioners.
8. From the perusal of petition, it is evident that this petition has been supported by an affidavit. There is photo-copy of Marks Card (10th Class) issued by the J&K State Board of School Education as also Aadhar Card issued by the Govt. of India, wherein the date of birth of petitioner No. 1 is shown as 10.12.1993. Whereas in the photo-copy of the Matriculation Certificate issued by the J&K State Board of Education School, the date of birth of petitioner No. 2 is indicated as 15.01.1992. Marriage has been solemnized on 10.12.2018 as is evident from Annexure-B. So petitioners were major at the time of solemnization of marriage.
9. In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon’ble Supreme Court in Lata Singh vs. State of U.P. and Another, AIR 2006 SC 2522 has held as under:
“14. This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband’s relatives...........
17. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. H
