2022 Supreme(J&K) 487
JAMMU AND KASHMIR HIGH COURT
Rajnesh Oswal, J.
Sonia Devi Alias Kulsoom Begum & Anr. – Appellants
Versus
Union Territory of Jammu And Kashmir & Ors. – Respondents
Writ Petition (C) No. 2388 of 2022
Decided On : 05-12-2022
Vishal Abrol, Advocate, Monika Kohli, Advocate
The court emphasized the right of individuals to seek protection from threats to their life and liberty, irrespective of the validity of their marriage.
Headnote:
Marriage - Threat to Life - Court directs petitioners to approach police for protection
Fact of the Case:
The petitioners, who had solemnized their marriage, raised apprehension of threat to their life from certain individuals despite being majors and marrying of their own free will.
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. The court clarified that the order does not signify approval of the marriage and will not hinder any investigation.
Issues: Threat to life and liberty of the petitioners despite their marriage being solemnized of their own free will.
Ratio Decidendi: The court's decision was based on the need to address the petitioners' apprehension of threat to their life and liberty, and to provide a mechanism for seeking protection from the authorities.
Final Decision: The court directed the petitioners to approach the police for protection if they face any threat to their life and liberty, without expressing any opinion on the validity of the marriage.
JUDGMENT
Rajnesh Oswal, J. - The grievance of the petitioners is that being majors, they have solemnized their marriage on 12.10.2022 with their free will and without any pressure, threat or coercion. Learned counsel for the petitioners submits that the respondent Nos. 4 & 5 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. Learned counsel for the petitioners has supplied copy of age proof of petitioner No. 1, the same is taken on record. The petitioners have also placed on record the copy of marriage agreement and copy of marriage certificate from Arya Smaj, Hospital Road, 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. 4 & 5, they shall approach respondent No. 3 i.e. SHO, Police Station, Pouni, 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. 4 & 5. 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.