WASIM SADIQ NARGAL
Nikita Manhas – Appellant
Versus
UT of J&K – Respondent
ORDER :
1. Petitioners are present in person.
2. Petitioner No. 1, namely, Nitika Manhas, states that she has attained the age of majority and has married petitioner No. 2 of her own free will and without any undue threat or coercion.
3. The documents reflecting the marriage of the petitioners are on record. The petitioners have also placed on record the documents, which show that both the petitioners are major.
4. It is stated that despite having married each other with their own free will and consent, the private respondents through the agency of police may try to harass them and get them framed in false cases.
5. In similar circumstances where parties had entered into wedlock of their own free will and volition, the Hon’ble Supreme Court in Lata Singh v. State of UP and Anr., AIR 2006 SC 2522 has held as under:-
Inter-caste marriages are in the national interest and those who threaten or harass such couples must be severely punished.
Individuals major in age have the right to marry freely, and any interference by family members in inter-caste marriages is illegal.
The court emphasized the need to protect couples undergoing inter-caste marriages in accordance with the mandate of law laid down by the Hon'ble Supreme Court.
Individuals of majority age have the right to marry freely, and authorities must protect them from familial threats and harassment.
The legal principle established is the obligation of the police to protect couples undergoing inter-caste or inter-religious marriages from harassment and threats, as directed by the Hon'ble Supreme ....
The court affirmed the constitutional duty of authorities to protect individuals in inter-caste or inter-religious marriages from harassment, as mandated by the Supreme Court.
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