2022 Supreme(J&K) 478
JAMMU AND KASHMIR HIGH COURT
Rajnesh Oswal, J.
Sunil Kumar & Anr. – Appellants
Versus
Union Territory of Jammu And Kashmir & Ors. – Respondents
Writ Petition (C) No. 2661 of 2022
Decided On : 08-12-2022
Deepak Mahajan, Advocate, Monika Kohli, Advocate
The court's decision was guided by the need to address the petitioners' apprehension of a threat to their life and liberty by directing them to seek protection from the police.
Headnote:
Marriage - Threat to Life - Court directs petitioners to approach police for protection
Fact of the Case:
The petitioners, who are majors, have solemnized their marriage and raised apprehension of a threat to their life from certain individuals.
Finding of the Court:
The court disposed of the writ petition with a direction to the petitioners to approach the police if they apprehend any threat to their life and liberty, and the police shall provide protection if the grievance is found genuine.
Issues: Threat to life and liberty of the petitioners from specific individuals
Ratio Decidendi: The court's decision was based on the petitioners' apprehension of a threat to their life and liberty, and the direction to approach the police for protection.
Final Decision: The writ petition was disposed of with a direction to the petitioners to approach the police for protection if they face any threat to their life and liberty.
JUDGMENT
Rajnesh Oswal, J. - The grievance of the petitioners is that being majors, they have solemnized their marriage on 29.11.2022 with their free will and without any pressure, threat or coercion. Learned counsel for the petitioners submits that the respondent Nos. 5 & 6 are continuously harassing and threatening the petitioners of dire consequences, despite knowing the fact that the petitioners have solemnized their marriage. The petitioners have raised an apprehension of a threat to their life at the hands of private respondents. The petitioners have placed on record certificates to show their age proof. The petitioners have also placed on record the copy of marriage agreement and copy of marriage certificate from Arya Samaj, Janipur Colony, Jammu.
2. Without commenting upon the validity of the marriage, this writ petition is disposed of at this stage with a direction to the petitioners that in the event they apprehend any threat to their life and liberty at the hands of the respondent Nos. 5 & 6, they shall approach respondent No. 3/4 i.e. SHO, Police Station, Khour/Akhnoor, who shall look into the grievance of the petitioners and if found genuine, he shall provide protection to the petitioners against the threats from respondent Nos. 5 & 6. This order shall not be considered as a stamp of approval of marriage solemnized between the petitioners and shall not come in the way of investigation in the event any FIR has been registered.
3. Disposed of along with connected CM.