AFSANA KOUSER Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner, being of the age of majority, has exercised her free will to enter into marital relationship and for that has earned displeasure of her family. To lend confirmation to the fact of her marriage having been solemnized out of her free will and volition, the petitioner has put on record a Nikahnama dtd. 13/11/2022. Along with the writ petition, the petitioner's date of birth evidencing her date of birth is also annexed which confirms the fact that the petitioner is and was major at the time of solemnizing marriage with one Rayaz Ahmed.

(2.) The petitioner is in hiding fearing about safety and security of her life and limb suffering wrong at the hands of respondent nos. 4 to 7 who being the parents, brother and cousin of the petitioner are carrying hard feelings against the petitioner for her act of marrying with Rayaz Ahmed.

(3.) Keeping in view the mandate and dictate of the Hon'ble Supreme Court as laid down in case of Lata Singh vs. State of UP and anr, 2006 (5) SCC 475 in terms whereof a direction has been set into effect for the Govt. Administration and Police Authorities throughout the Country to see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a girl or boy who is also major, then the marrying individuals are not to be harassed by any one nor to be subjected to threats or acts of violence, and in case any such threat or harassment is confronted to be inflicted on the individuals then the persons responsible for holding out such threats/harassments are to be taken to task by instituting criminal proceedings by the Police against such persons and further stern action to be taken as provided by law.