Reyaz Ahma Mir and Anr. Vs Ut of J and K (Home) and Ors. — J&K HC (2024) — LawSathi Research

Reyaz Ahma Mir and Anr. Vs Ut of J and K (Home) and Ors. — J&K HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents 1&2 directed to look into the petitioners' grievance and provide adequate security, and to ensure that nobody interferes in the petitioners' married life, if the petitioners approach them; protection to be extended upon verification that both parties are majors who married out of their own free will and consent; no opinion expressed on the validity of the marriage. Disposed of along with connected CMs.

Issue for consideration

Whether the petitioners, who claim to be adults married out of their own free will against the wishes of respondent No. 3, are entitled to a direction to respondents 1&2 for police protection against the danger they apprehend from respondent No. 3. +1 more

Court's answer

Any person who has attained the age of majority is entitled to contract marriage as per his/her wishes, and the police department is duty bound to protect their life and liberty if approached.

Ratio / Principle

The Court observed that the petitioners had apparently never approached the official respondents for protection, which shaped the conditional form of the relief granted.

Key takeaways

The petition was disposed of with a direction that respondents 1&2 shall look into the petitioners' grievance, provide them adequate security, and ensure that nobody interferes in their married life, if the petitioners approach them.ratio¶19
The Court expressly expressed no opinion on the validity of the petitioners' marriage and left the police free to take a view on the basis of the available material and inquiry.ratio¶19

Detailed headnote1 paragraphs

J&K and Ladakh High Court (Srinagar), WP(C) No. 2391/2024, order dated 18.10.2024 by Sindhu Sharma, J.: Petitioners (Reyaz Ahmad Mir and another), stating they are majors who married out of their own free will on 01.10.2024 (Marriage Agreement and Nikah Nama dated 01.10.2024 placed on record) against the wishes of respondent No. 3, sought a direction to respondents 1&2 for police protection against danger apprehended from respondent No. 3. Learned counsel invoked Lata Singh v. State of U.P. and anr., 2006 (5) SCC 475. The Court found from the record that the petitioners are major and married on 01.10.2024 per Muslim Personal Law, Rites and Customs, and held that any person attaining majority may marry per his/her wishes, with the police duty bound to protect life and liberty if approached. Noting the petitioners had not earlier approached the authorities, the Court disposed of the petition by directing respondents 1&2 to examine the grievance and provide adequate security and prevent interference in the married life if approached; it expressly expressed no opinion on the validity of the marriage, left the police free to take a view on available material and inquiry, and made protection conditional on a finding that the parties are major and married out of free will and consent. Disposed of along with connected CMs.

S. No. 133 Suppl. Cause List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

WP(C) No. 2391/2024 CM No. 6427/2024

Reyaz Ahmad Mir and Anr.

…Appellant/Petitioner(s)

Through: Mr. Mir Umar Javaid, Adv.

Vs.

UT of J&K and Ors.

...Respondent(s)

Through: Ms. Maha Majeed, Assisting Counsel vice Mr. Mohsin Qadiri, Sr. AAG

CORAM:

HON’BLE MS JUSTICE SINDHU SHARMA, JUDGE

O R D E R 18.10.2024

Petitioners seek a direction to respondents 1&2 to provide them the police protection as they apprehend danger to their lives from respondent No. 3. It is submitted that the petitioners are major and have married out of their own free will. Copies of Marriage Agreement dated 01.10.2024 and Nikah Nama dated 01.10.2024 and proof of petitioners’ date of birth have been placed on record. They submit that since they have contracted the marriage against the wishes of respondent No. 3, as such, they are facing harassment at his hands.

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.

Both the petitioners are present in Court and are identified by their counsel.

Perusal of the record annexed with the writ file reveals that petitioners are major and have contracted marriage on 01.10.2024 according to Muslim Personal Law, Rites and Customs.

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 their 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.

Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondents 1&2 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material and inquiry. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.

Disposed of along with connected CMs .

Copy of this order be provided to counsel for petitioners under the seal and signature of Bench Secretary of this Court.

SRINAGAR

(SINDHU SHARMA) JUDGE

18.10.2024

Manzoor Ul Hassan Dar Manzoor I attest to the accuracy and authenticity of this document Srinagar 22.10.2024 09:51