OWP No. 1560/2017 Page 1 of 3

HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

OWP No. 1560/2017

MP No. 01/2017

Date of Order: 6^th October, 2017.

Ashiq Hussain Zargar & Anr.

Vs.

State of JK & Ors.

Coram:

Hon’ble Mr Justice Ramalingam Sudhakar, Judge.

Appearance:

For the Petitioner(s):

Mr Aamir Masoodi, Advocate.

For the Respondent(s):

i) Whether approved for reporting in

Yes/No

Law Journals etc.:

ii) Whether approved for publication

in Press:

Yes/No

01.

Both the petitioners are present in person. The first petitioner,

Ashiq Hussain Zargar is 22 years old and the 2^nd petitioner, Mst Shugufta

Nazir, is 19 years old.

02.

To prove the age of first petitioner, learned counsel for the

petitioners refers to Annexure –A, Page No.6 to the Writ petition, i.e.

Date of Birth Certificate issued by the J&K State Board of Secondary

School Education, indicating the age of the petitioner No. 1 as 22 years,

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and, in order to prove the age of the 2^nd petitioner, Annexure-A, Page

No.5 to the Writ petition, i.e. undertaking submitted by the petitioner, is

relied upon, which shows the age of the 2^nd petitioner as 19 years.

Learned counsel further states that he has personally verified and is

satisfied that the petitioner No. 2, Mst. Shugufta Nazir, is major and

capable of contracting marriage.

03.

The first and the second petitioners have entered into a marriage

agreement on 3^rd October, 2017, Copy of the ‘Nikhanama’ has been

placed on record forming Annexure-B to the Writ Petition. They have

been living as husband and wife ever since their marriage.

04.

It appears that the marriage of the petitioners was not according to

the will of the parents and other relatives of the petitioner No.2 and,

therefore, the respondents, at the behest of the parents and relatives of the

2^nd petitioner, have been harassing the 1^st petitioner and his family

members.

05.

In view of the above, official respondents are directed to give

protection to the petitioners and also to ensure that parents of petitioner

No. 2 and their relatives do not harass or cause any disturbance to the life

and liberty of the petitioners, in any manner, subject to condition that

petitioners have contracted the marriage in accordance with law.

06.

This order shall, however, be subject to the condition that the

petitioner No.1 deposits a sum of Rs.1,00,000/- as ‘Fixed Deposit’ in the

J&K High Court, Srinagar Branch of the Jammu and Kashmir Bank Ltd.,

in the name of petitioner No.2 initially for a period of three years to be

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renewed from time to time. Receipt whereof shall be furnished to the

Registrar Judicial of this Court within one week.

07.

Writ petition alongwith connected MP(s) disposed of as above.

(Ramalingam Sudhakar)

Judge

Srinagar

October 6^th, 2017

“TAHIR”