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2018 Supreme(J&K) 782
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJAY KUMAR GUPTA, J.
Lakshmi Kumar and Another – Petitioners
Versus
The Director General of Police, Jammu and Others – Respondents
OWP No. 2528 of 2018, IA No. 01 of 2018
Decided On : 10-12-2018
For the Petitioner: Ms. Aprajita Sharma.
For the Respondent: Mr. Raman Sharma.
The central legal point established in the judgment is the right to marry of one's choice and the protection of individuals' liberty and decisions on matters central to the pursuit of happiness.
Headnote:
Marriage - Protection of Lives and Liberty - AIR 2006 SC 2522, AIR 2018 SC 1933 - The court discussed the marriage agreement executed by the petitioners, their free will to marry, and the threats and harassment they faced from respondent Nos. 7 to 11. The court referred to the judgments in Lata Singh vs. State of U.P. and Another and Shafin Jahan vs. Asokan K.M. and Others, highlighting the right to marry of one's choice and the protection of individuals' liberty and decisions on matters central to the pursuit of happiness.
Fact of the Case:
The petitioners, who were major, solemnized their marriage with each other out of free will and faced threats and harassment from respondent Nos. 7 to 11.
Finding of the Court:
The court disposed of the petition with a direction for the official respondents to ensure the protection of lives and liberty of the petitioners in accordance with the referenced judgments.
Issues: The main issue was the protection of the petitioners' lives and liberty in the face of threats and harassment from respondent Nos. 7 to 11.
Ratio Decidendi: The court relied on the judgments in AIR 2006 SC 2522 and AIR 2018 SC 1933 to emphasize the right to marry of one's choice and the protection of individuals' liberty and decisions on matters central to the pursuit of happiness.
Final Decision: The petition was disposed of with a direction for the official respondents to ensure the protection of lives and liberty of the petitioners in accordance with the referenced judgments.
1. The case of the petitioners is that they are major and were having a love affair for the last more than three years. They disclosed the fact of their love affair to their respective parents and requested them for solemnization of marriage between the petitioners to which the parents of petitioner No. 1 agreed but the parents of petitioner No. 2 got annoyed with the petitioners. Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being on 06.12.2018 executed a Marriage Agreement duly executed by Notary, Jammu City. They solemnized their marriage on 06.12.2018 with each other as per Hindu Rites and Rituals at Arya Samaj, Chinore, Jammu, out of free will, pressure, coercion and undue influence from any quarter. Thereafter, petitioner No. 2 joined the company of the petitioner No. 1 as his legally wedded wife. After the solemnization of the marriage between the petitioners, respondent Nos. 7 to 11 had made the lives of the petitioners miserable as both of them had married against the wishes of respondent Nos. 7 to 11. The marriage between the petitioners is not acceptable to them. The petitioners are innocent and have solemnized the marriage with their own choice. The movements of the petitioners have been restricted in view of the continuous harassment and threat perception at the hands of respondent Nos. 7 to 11 as they have openly declared that they will kill both the petitioners in order to satisfy their ego. The petitioners are innocent and have contracted the marriage with their own choice and aggrieved of the unnecessary threats and harassment made by respondent Nos. 7 to 11.
2. 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. 7 to 11. They have also stated that the threat perception looms large on their heads, as the respondent Nos. 7 to 11 and their relatives have openly declared that they will do away with their lives.
3. 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 06.12.2018 with their own free will and consent, and without any force from anybody.
4. 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. 7 to 11.
5. I have considered the submissions of learned counsel for the petitioners.
6. From the perusal of petition, it is evident that this petition has been supported by an affidavit. There is a photo-copy of School Leaving Certificate issued by Govt. Middle School Gorth as also Aadhar Card of petitioner No. 2. In these documents, the date of birth of petitioner No. 2 is 03.01.1999. The date of birth of petitioner No. 1 is reflected as 22.04.1991 as per Aadhar Card issued by the Govt. of India. Marriage has been solemnized on 06.12.2018 as is evident from Annexure-B & C. So petitioners were major at the time of solemnization of marriage.
7. 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
