Disposed

Zulfan and Another v. U T of J and K Th Commissioner Secretary Home Deptt and Others

J&K HC22 Dec 2022WP(C)/2754/2022

Case brief

AI extract

What is this about?

Petitioners sought police protection availing themselves of danger after marrying against family wishes. The Court referred a Supreme Court precedent, found petitioners did not approach officials, and directed officials to look into the grievance if petitioners approach them, reserving judgment on marriage validity.

What did the court decide?

Directed official respondents to look into petitioners' grievance for security if they approach them; disposed of the writ petition without expressing opinion on marriage validity.

Zulfan and Another Vs U T of J and K Th Commissioner… — Matrimonial and Divorce | J&K HC (2022)

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Sr. No. 164

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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WP(C) No. 2754/2022 CM No. 7648/2022

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Zulfan and another

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…..Appellant(s)/Petitioner(s)

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Through: Mr. Ahsan Mirza, 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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22.12.2022

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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. 4 and 5. 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. 4 and 5.

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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 another 2006 (5) SCC 475 , and submits that in

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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 petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.

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WP(C) No. 2754/2022

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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 22.12.2022 Shivalee

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Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No

Zulfan and Another v. U T of J and K Th Commissioner Secretary Home Deptt and Others

Case brief

What is this about?

What did the court decide?

Zulfan and Another v. U T of J and K Th Commissioner Secretary Home Deptt and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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