Disposed

Tripta Devi and Another. v. Union Territory of Jammu and Kashmir Th D G P and Others.

J&K HC11 Sept 2020WP(C)/1426/2020

Case brief

AI extract

What is this about?

High Court of Jammu and Kashmir disposed of a writ petition filed by a couple in an inter-caste marriage facing family opposition and threats. The court directed respondent authorities to ensure no harm is caused to the petitioners during their travel between Jammu, Delhi, and their village upon notice.

What did the court decide?

Directs respondent No. 3 to ensure no harm is caused to petitioners when moving from Jammu to Delhi or visiting Jammu; duty on petitioners to inform of proposed visits in advance.

Tripta Devi and Another. Vs Union Territory of Jammu and… — Matrimonial and Divorce | J&K HC (2020)

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Serial No. 104

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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU

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WP(C) No. 1426/2020 (O&M) (Through Video Conferencing)

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Tripta Devi and another …Petitioner(s)

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Through:- Mr. Rohit Verma, Advocate

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v/s

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Union Territory of J&K and others ….Respondent(s)

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Through:-

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Coram: HON’BLE MR. JUSTICE RAJESH BINDAL, JUDGE

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ORDER

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When the matter was taken up on 08.10.2020, this Court passed the

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following order :

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“1. The petitioners have approached this Court seeking protection of their life and liberty as they have solemnized marriage against the wishes of family members of both of them. The marriage being inter-caste, the family members of both of them are against the same.

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The petitioner No. 2 is working with Indian Army, whereas the petitioner No. 1 is studying in M.Ed course. The petitioner No. 1, who attended the hearing of the case from the office of the counsel, claimed that they had solemnized the marriage on 19.08.2020. They have been staying outside their residence with the hope that their family members will accept the marriage. However, after the present petition was

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2 WP(C) No. 1426/2020

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filed in this Court seeking protection of their life and liberty, in the late evening on 06.09.2020, the family members of the petitioner No. 2 had taken him along. He informed the petitioner No. 1 that he has been beaten up mercilessly. He apprehends danger to his as well as her life.

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As both the petitioners are major and it is claimed that they have solemnized marriage on their own sweet will, the respondent No. 3, is directed to produce the petitioner No. 2 in Court on the next date of hearing. He shall put an appearance in Court through VC from the office of the counsel for the petitioners.

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Mr. C.M. Koul, learned Sr. AAG, who is connected through VC, is requested to coordinate with the concerned police station for presence of the petitioner No. 2, in the Court on the next date of hearing.

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Adjourned to 10.09.2020.”

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Today, the petitioner No 2/Sukhwinder Singh, has been produced in Court through VC, from the office of his counsel by ASI Rajinder Singh of Police Station R.S. Pura (Jammu). Both the petitioners stated that they have solemnized marriage against the wishes of their families.

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The petitioner No. 2 submitted that he is presently posted at Delhi. It is a family station and he will take his wife along. However, they may have to come to Jammu or R.S. Pura, for official work. His wife is studying. She may have to fill up her forms in the University. For that purpose also they would require protection. In the meantime, they will try to persuade their parents and family members to accept their marriage.

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3 WP(C) No. 1426/2020

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Considering the aforesaid facts, the writ petition is disposed of. This court without putting a stamp on the marriage of the petitioners, hereby directs that the respondent No. 3, will ensure that no harm is caused to the petitioners when they move from Jammu to Delhi. In future, whenever they propose to visit Jammu, R.S.Pura or their village, it may be ensured that no harm is caused to them. It shall be the duty of the petitioners to inform the respondent No. 3, well in advance about their proposed visit.

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(RAJESH BINDAL)
JUDGE

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CHANDIGARH
11.09.2020
SUNIL-I
Whether the order is speaking : Yes/No
Whether the order is reportable : Yes/No

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MANZOOR UL HASSAN DAR 2020.09.15 11:17

Tripta Devi and Another. v. Union Territory of Jammu and Kashmir Th D G P and Others.

Case brief

What is this about?

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Tripta Devi and Another. v. Union Territory of Jammu and Kashmir Th D G P and Others.

Case brief

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