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2021 Supreme(J&K) 30

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
SANJEEV KUMAR, J.
Kulzam Begum and another – Appellants
Versus
UT of Jammu and Kashmir and Ors - Respondents
WP(C) 670 of 2021, CM 2981 of 2021
Decided on : 01-04-2021

Advocates:
Advocate Appeared:
For the Appellant :Mohd Yasir Choudhary Advocate

Point of Law:Police protection – Marriage between two majors out of their will – Harassment and threatening - Any person having attained age of majority is entitled to contract marriage as per his/her wishes and police department is duty bound toprotect his/her life and liberty, if approached.
Case Referred :
Lata Singh v. State of U.P. and anr, 2006 (5) SCC 475

Headnote:

Validity of their marriage - Marriage Agreement - Danger to their lives - Police protection - Petitioners seek a direction to respondents to provide them police protection as they apprehend danger to their lives from respondent – Petitioners are major and out of their free will, they got married. Copy of Marriage Agreement has been placed on record - They submit that since they have contracted marriage against wish of respondent as such, they are facing harassment at his hands.

Finding of the Court:

In absence of there being any legal impediment, petitioners are entitled to marry according to their choice and official respondents are duty bound to protect life and liberty of petitioners - Any person having attained age of majority is entitled to contract marriage as per his/her wishes and police department is duty bound toprotect his/her life and liberty, if approached.

Result: Petition is disposed of

ORDER :

The petitioners seek a direction to respondents 2&3 to provide them the police protection as they apprehend danger to their lives from respondent No.4. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Marriage Agreement has been placed on record. They submit that since they have contracted the marriage against the wish of respondent No.4, as such, they are facing harassment at his hands.

2. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P. and anr, 2006 (5) SCC 475, and submits that in the absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.

3. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect his/her life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.

4. In this view of matter, this petition is disposed of, at this stage, by providing that respondents 2 & 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if they approach them. It is made clear that no opinion has been expressed with regard to the age of the petitioners or with regard to the validity of their marriage.

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