GULAM MUSTAFA Vs. UT OF J & K

JUDGEMENT

(1.) Petitioners seek a direction to respondent Nos. 3 to 5 to provide them the police protection as they apprehend danger to their lives from respondent No. 6. It is submitted that the petitioners are major and have married out of their own free will. Copies of marriage agreement dated 09.01.2021, Nikah Nama dated 25.11.2020 and proof of date of birth have been placed on record. Petitioner No. 2 submits that her educational qualification is M.Sc, B.Ed and she is teaching in school at Thanamandi but all her certificates were withheld by her family. Both the petitioners submits that since they have contracted the marriage against the wishes of respondent No. 6, as such, they are facing harassment at the hands of respondent No. 6.

(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 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.) Both the petitioners are present through virtual mode and are identified by their counsel.