LAWS(J&K)-2021-3-47

ALTAF HUSSAIN Vs. UT OF JAMMU AND KASHMIR

Decided On March 15, 2021
ALTAF HUSSAIN Appellant
V/S
Ut Of Jammu And Kashmir Respondents

JUDGEMENT

(1.) The petitioners seek a direction to respondents 1 to 4 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 5 to 7, who are relatives of petitioner No.2. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Nikahnama and Marriage Agreement has been placed on record. They submit that since they have contracted the marriage against the wishes of respondent Nos. 5 to 7, as such, they are facing harassment at their hands.

(2.) 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 the 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.

(3.) 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 his/her 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.