MOHAMMAD IMRAN SHAH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The case set up in the petition is that the petitioners are major and have contracted the marriage out of their free will and volition and they are living as husband and wife. The petitioners apprehend harassment at the hands of respondents No.4 to 7 who, according to them, are trying to get petitioner No.2 married to some other person. It is also averred in the petition that the respondents No.4 to 7 have, with the help of some hooligans, made several attempts to beat up the petitioners. It is also contended in the petition that the petitioner No.2 has not been kidnapped or abducted by anybody but she has, out of her own free will, contracted marriage with petitioner No.1 and both are living peacefully.

(2.) It is also averred in the writ petition that the official respondents have started hunting for the petitioners and their relatives and are harassing them though the official respondents are under an obligation to ensure that the petitioners are not exposed to any threat or danger. It is further averred in the petition that in spite of petitioner No.1 having submitted copies of the Nikah Nama and marriage agreement before the official respondents still then these documents were not taken note of. The petitioners, therefore, seek protection and security cover from official respondents.

(3.) 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.