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HIGH COURT OF JAMMU AND KASHMIR
MUSKAN – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR (HOME) AND ORS. – Respondent
ORDER :
1. The petitioners, both being of the age of majority, have exercised their free will to enter into marital relationship and for that have earned displeasure of their respective families. To lend confirmation to the fact of their marriage having been solemnized out of their free will and volition, the petitioners have put on record a copy of marriage agreement dated 19.07.2024. Along with the writ petition, the petitioner no. 1’s Aadhar Card evidencing her date of birth is also annexed which confirms the fact that the petitioner no. 1 is and was major at the time of solemnizing marriage with the petitioner no. 2.
2. The petitioners are in hiding fearing about safety and security of their life and limb suffering wrong at the hands of respondent No.5, who is the father of petitioner No.1, is carrying hard feelings against the petitioners for their act of marrying each other.
3. Keeping in view the mandate and dictate of the Hon’ble Supreme Court as laid down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Govt. Administration and Police Authorities throughout the Country to see to it that if any boy or
Authorities must protect individuals in consensual marriages from harassment, as mandated by the Supreme Court.
Individuals of majority age have the right to marry freely, and authorities must protect them from familial threats and harassment.
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.
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.
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