JUDGMENT

1. The case set up in this petition is that both the petitioners are major. They disclosed the fact of their love affair to their respective parents and also requested for the solemnization of marriage to which the parents of petitioner No.1 agreed but the parents & relatives of petitioner No.2 especially respondent Nos.7 to 13 got annoyed with the petitioners. Even the parents and relatives of petitioner No.2 told the petitioner No.1 that if in future he tries to see their daughter they will eliminate petitioner No.1.

2. It is also stated in the petition that constrained by the above stated situation, both the petitioner being capable of understanding their well being, performed Nikah on 22.01.2020 in accordance with Muslim Law and customs. They also executed marriage agreement on 01.02.2020. Thereafter, petitioner No.2 joined the company of petitioner No.1 as his legally wedded wife. After solemnization of marriage of the petitioners, respondent Nos.7 to 13 and their relations had made the lives of the petitioners miserable as both of them had married against the wishes of respondent Nos.7 to 13.

3. They have proceeded to state that their movement has been restricted in view of continuous harassment and threat perception at the hands of respondent Nos.7 to 13 and their relatives as they have openly declared that they will kill both the petitioners in order to satisfy their ego.

4. 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 performed Nikah on 22.01.2020 out of their own free will and consent, and without any force from anybody. They have also executed marriage agreement on 01.02.2020.

5. During the course of arguments, learned counsel for the petitioners, has stated that the petitioners would be satisfied, if this petition is disposed of at this stage by directing the official respondents to provide adequate protection from the harassment at the hands of respondent No.7 to 13.

6. I have considered the submissions of learned counsel for the petitioners.

7. From bare perusal of the petition, it is evident that petition has been supported by an affidavit. Petitioners have placed on record photo-copies of Marks Card/Grade Card issued by the Jammu & Kashmir State Board of School Education, wherein date of birth of petitioner Nos.1 & 2 is shown as 10.11.1974 & 03.08.1989 respectively. Nikah has been performed on 22.01.2020. So petitioners were major at the time of solemnization of marriage.

8. In similar circumstances where parties had entered into wedlock out of their own free will and volition, the Honble Supreme Court in Lata Singh vs. State of UP and Anr., 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 husbands relatives.

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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. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents