Jammu & Kashmir High Court
Nazia Banoo And Anr vs Ut Of J&K & Others on 11 April, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No.102
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
WP(C) No. 878/2025
CM No. 2106/2025
Nazia Banoo and Anr. ... PETITIONER(S)
Through: - Mr. T. R. Wani, Advocate
Vs.
UT OF J&K & OTHERS ...RESPONDENT(S)
Through: - Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER(ORAL)
11.04.2025
1. The case set up in the petition is that the petitioners are major and have
contracted the marriage out of their free will and volition and they are
living as husband and wife. The petitioners apprehend harassment at the
hands of respondent Nos. 4 to 7, who according to the petitioners, have
threatened petitioner No. 2 to get eliminated by them. It is also contended
in the petition that petitioner No.1 has, out of her own free will, contracted
marriage with petitioner No. 2 and both are living peacefully. The
petitioners have placed on record copies of the documents to show their
age proof. They have also placed on record copy of the nikahnama.
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
2 WP(C) No. 878/2025
respondents are duty bound to protect the life and liberty of the
petitioners.
3. I have heard the counsel for the parties and perused the record on the file.
4. Perusal of the documents annexed with the writ petition, prima facie,
reveal that the petitioners are major. Any person having attained the age
of majority is entitled to stay in the company of any other person of
his/her choice 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.
5. 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 v. State of U. P. (2006) 5 SCC 475, if and when
petitioners approach them.
6. It is made clear that no opinion is being 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.
(SANJAY DHAR)
JUDGE
Jammu,
11.04.2025
Karam Chand/Secy
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
KARAM CHAND
2025.04.15 13:48
I attest to the accuracy and
integrity of this document
