Disposed

Sakshi Sharma and Another v. Ut of J and K Th Principal Secretary Deptt of Home and Others

J&K HC2 Nov 2022WP(C)/2102/2022

Case brief

AI extract

What is this about?

This judgment addresses a writ petition seeking direction for police protection after the petitioners married against their families' wishes. The court directed respondents to investigate the grievance if approached, without expressing an opinion on the marriage's validity.

What did the court decide?

Respondents directed to look into grievance for providing adequate security if petitioners approach them.

Sakshi Sharma and Another Vs Ut of J and K Th Principal… — Matrimonial and Divorce | J&K HC (2022)

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Sr.No. 07

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP (C) no. 2102/2022 CM no. 5747/2022

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Sakshi Sharma and Anr.

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….Petitioner/Appellant(s)

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Through :- Mr. Ajit Verma, Advocate Petitioners are present in person.

V/s

UT of J&K and Ors.

….Respondent(s)

Through :- None.

Coram: HON’BLE MR. JUSTICE SANJEEV KUMAR, JUDGE

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ORDER 02.11.2022

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CM NO. 6288/2022

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This is an application for placing on record the copy of the marks card of class 10^th and diploma to substantiate the averments made in the petition. Petitioner No. 1 is a major and competent to contract marriage.

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The instant application for the reasons aforestated is allowed. The documents appended with the application are taken on record.

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Application is disposed of .

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WP (C) no. 2102/2022

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The petitioners seek a direction to respondent Nos. 1to 6 to provide them police protection as they apprehend danger to their lives from respondent

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Nos. 7 to 10. It is submitted that the petitioners are major and out of their free will they got married. Copy of marriage certificate as also date of birth certificates have been placed on record. They submit that since they have

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WP (C) no. 2102/2022

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contracted the marriage against the wishes of respondent Nos. 7 to 10, as such, they are facing harassment at their hands. The petitioner No.1 in support of her date of birth, has placed on record a DOB certificate issued by the Board Authorities.

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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 absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.

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Any person having attained the age of majority is entitled to contract marriage as per his/her wish and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.

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In this view of the matter, this petition is disposed of, at this stage, by providing that the respondent Nos. 1 to 6 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage.

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The writ petition is, accordingly, disposed of.

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(Sanjeev Kumar) Judge

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Jammu: 02.11.2022 Neha-1

Sakshi Sharma and Another v. Ut of J and K Th Principal Secretary Deptt of Home and Others

Case brief

What is this about?

What did the court decide?

Sakshi Sharma and Another v. Ut of J and K Th Principal Secretary Deptt of Home and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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