Disposed

Shabir Ahmed and Anr. v. Ut of J and K Th Its Principal Secretary Civil Secretariat Jammu and Ors.

J&K HC20 Dec 2022WP(C)/2632/2022

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What is this about?

A single-judge bench of the Jammu & Kashmir High Court disposed of a writ petition seeking police protection for petitioners who married against family wishes. The court held officials must consider the grievance if approached, pending a separate inquiry, without commenting on marriage validity.

What did the court decide?

Official respondents directed to look into the petitioners' grievance for providing security and ensuring no interference in their married life if approached.

Shabir Ahmed and Anr. Vs Ut of J and K Th Its Principal… — Matrimonial and Divorce | J&K HC (2022)

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Sr. No. 06

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 2632/2022 CM Nos. 7254/2022 & 7342/2022

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Shabir Ahmed and another

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Tauseef Zargar, Advocate.

UT of J&K and others

.…. Respondent(s)

Through: Mrs. Monika Kohli, Sr. AAG.

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Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

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ORDER

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20.12.2022

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The petitioners seek a direction to official respondents to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 to 8. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. They submit that since they have contracted the marriage against the wishes of private respondent, as such, they are facing harassment at the hands of respondent Nos. 5 to 8.

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Learned counsel for the petitioners refers to the decision of the Supreme

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Court in Lata Singh v. State of U.P. and another 2006 (5) SCC 475 , and

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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 the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the

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WP(C) No. 2632/2022

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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 official respondents 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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(JAVED IQBAL WANI) JUDGE

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Jammu 20.12.2022 Shivalee

Shabir Ahmed and Anr. v. Ut of J and K Th Its Principal Secretary Civil Secretariat Jammu and Ors.

Case brief

What is this about?

What did the court decide?

Shabir Ahmed and Anr. v. Ut of J and K Th Its Principal Secretary Civil Secretariat Jammu and Ors.

Case brief

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What did the court decide?

What the court decided

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