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2020 Supreme(J&K) 96
HIGH COURT OF JAMMU AND KASHMIR
Sanjay Kumar Gupta, J.
Veena Devi & Anr. - Appellant
Versus
Union Territory Of J&K & Ors. - Respondent
WPC No.526 of 2020 and CM No.1176 of 2020
Decided On : 18-02-2020
Mr. Atul Raina, Advocate, for the Appellant; Mr. Amit Gupta, AAG for respondent Nos.1 to 5, for the Respondent
Headnote:
Constitution of India, 1950 - Article 21 - Hindu Marriage Act - Inter religious marriage – Offence of harassment - Petition is that both petitioners are major - They are in deep love with each other since long and they belong to same religion - Parents of petitioners came to know about love affair and respondent and their relatives strongly objected relationship - Petitioner tried to persuade respondent and their relatives but respondent always asked petitioner to prepare herself to get married with boy of choice of respondent - Petitioner also approached respondent and other family members of petitioner to accept proposal of marriage as both petitioners cannot live without each other - But all his efforts too went in vain – Held, However disturbing news are coming from several parts of country that young men and women who undergo inter-caste marriage are threatened with violence or violence is actually committed - 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 free and democratic country and once person becomes major he or she can marry whosoever he she likes - If parents of boy or girl do not approve of such inter caste or inter religious marriage maximum they can do is that they can cut off social relations with son daughter but they cannot give threats or commit or instigate acts of violence and cannot harass person who undergoes such inter caste or inter-religious marriage – Court direct that administration/police authorities throughout country will see to it that if any boy or girl who is a major undergoes inter- caste or inter religious marriage with woman or man who is a major couple are not harassed by any one nor subjected to threats or acts of violence any one who gives such threats or harasses or commits acts of violence either himself or at his instigation is taken to task by instituting criminal proceedings by police against such persons and further stern action is taken against such persons as provided by law – Petition disposed
JUDGMENT
1. The case set up in this petition is that both the petitioners are major. They are in deep love with each other since long and they belong to same religion. Parents of the petitioners came to know about the love affair and respondent Nos.6 to 9 and their relatives strongly objected the said relationship. Petitioner No.1 tried to persuade respondent Nos.6 to 9 and their relatives, but respondent No.6 always asked petitioner No.1 to prepare herself to get married with a boy of the choice of respondent Nos.6 to 9. Petitioner No.2 also approached respondent Nos.6 to 9 and other family members of petitioner No.1 to accept the proposal of marriage as both the petitioners cannot live without each other. But all his efforts too went in vain.
2. The petitioners entered into marriage with each other and to that effect an agreement of marriage was duly executed on 06.02.2020 before Public Notary at Jammu. They also sworn and executed affidavits stating therein that both have entered into marriage agreement with their free will. After executing the marriage agreement, they solemnized marriage according to Hindu rites and customs at Arya Samaj Mandir, Janipur on 06.02.2020. Thereafter, respondent Nos.6 to 9 and their relatives started extending threats to the lives of both the petitioners particularly to the petitioner No.2, that if he will not break marital ties with petitioner No.1, he will be eliminated. Respondent Nos.6 to 9 threatened petitioner No.1 that they will not allow her to live with petitioner No.2 as she has solemnized marriage against their wishes.
3. Petitioners have proceeded to state that they are under constant threats from private respondents, who are hell bent upon to break marital life of petitioners and petitioners have full apprehension that if relief prayed in the petition is not granted, their lives will be in danger and hence, direction be issued to respondent Nos.1 to 5 for providing protection to petitioners.
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 Marriage on 06.02.2020 out of their own free will and consent, and without any force from anybody. They have also executed marriage agreement on 06.02.2020.
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.6 to 9.
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 Aadhar Card issued by the Government of India, wherein date of birth of petitioner Nos.1 & 2 is shown as 18.08.1998 & 11.09.1994 respectively. Marriage has been performed on 06.02.2020. 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 v. 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.
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
