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JAMMU AND KASHMIR HIGH COURT BENCH AT SRINAGAR
Sanjeev Kumar, J.
Ruhee Akhter & Anr. – Appellants
Versus
Union Territory of Jammu And Kashmir & Ors. – Respondents
WP(C) No. 1941 of 2022
Decided On : 09-09-2022
Marriage - Police Protection - The court held that the petitioners, being of the age of majority, are entitled to marry according to their choice, and the police department is duty bound to protect their life and liberty if approached. The court directed the respondents to look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life if they approach them.
Fact of the Case:
The petitioners sought police protection as they apprehended danger to their lives from a third party due to their marriage against the wishes of the third party.
Finding of the Court:
The court found that the petitioners, being of the age of majority, are entitled to marry according to their choice, and the police department is duty bound to protect their life and liberty if approached. The court directed the respondents to look into the grievance of the petitioners for providing them adequate security.
Issues: The main issue was the entitlement of the petitioners to police protection due to their marriage against the wishes of a third party.
Ratio Decidendi: The court held that 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 the life and liberty if approached.
Final Decision: The court disposed of the petition by directing the respondents to look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life if they approach them.
JUDGMENT
1. The petitioners seek a direction to respondents 1 to 4 to provide them the police protection as they apprehend danger to their lives from respondent No.5. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. They submit that since they have contracted the marriage against the wishes of respondent No.5, as such, they are facing harassment at their 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 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 the 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 the matter, this petition is disposed of, at this stage, by providing that the respondents 1 to 4 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage.
5. The writ petition is, accordingly, disposed of.
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 ....
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.
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