JAMMU AND KASHMIR HIGH COURT BENCH AT JAMMU
Sanjay Dhar, J.
Permeena Banno @ Parveena Banoo & Anr. – Appellants
Versus
Union Territory of Jammu And Kashmir & Ors. – Respondents
WP(C ) No. 1860 of 2022
Decided On : 13-09-2022
Police Protection - Marriage under Muslim Personal Law - The court directed the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh's case when the petitioners approach them.
Fact of the Case:
The petitioners sought police protection as they apprehended danger to their lives from their relatives due to their marriage against the wishes of the relatives. The petitioners had not approached the official respondents for protection.
Finding of the Court:
The court directed the official respondents to provide adequate security cover to the petitioners when they approach them, in accordance with the law laid down by the Supreme Court in Lata Singh's case. The court did not express any opinion on the authenticity of age proof of the petitioners or the validity of their marriage.
Issues: The main issue was the petitioners' request for police protection due to apprehended danger from their relatives following their marriage against the relatives' wishes.
Ratio Decidendi: The court held that any person having attained the age of majority is entitled to contract marriage as per their wishes, and the police is duty bound to protect the life and liberty of such persons if approached by the concerned parties.
Final Decision: The petition was disposed of with a direction to the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh's case when the petitioners approach them.
JUDGMENT
1. Through the medium of this petition, the petitioners seek a direction upon official respondents to provide them the police protection as they apprehend danger to their lives from respondents No.4 to 7 who are their relatives. It is submitted that the petitioners are major and that they have entered into wedlock out of their free will and volition. It is contended that because the petitioners have contracted the marriage against the wishes of respondents No. 4 to 7, as such, they are facing harassment at their hands. It is averred in the petition that there is apprehension in the mind of the petitioners that they would be killed by respondents No.4 to 7 in order to satisfy their ego. The petitioners, therefore, seek protection and security cover from official respondents.
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. I have heard the counsel for the petitioner and perused the record on the file.
4. Perusal of the documents annexed with the writ petition reveals that the petitioners are major and they have contracted the marriage according to Muslim Personal Law, rites and customs. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them. In this view of the matter, this petition is disposed of, at this stage, with a direction to the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh's case (supra) if and when petitioners approach them.
5. It is made clear that no opinion is being been expressed with regard to the authenticity of age proof of the petitioners, as also with regard to the validity of their marriage. The police is free to take a view on the basis of the available material and thereafter proceed in accordance with the law.
The police is duty bound to protect the life and liberty of individuals who have attained the age of majority and have contracted marriage as per their wishes, if approached by the concerned parties.
Any person of the age of majority is entitled to marry according to their choice, and the police department is duty bound to protect their life and liberty if approached.
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 ....
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