RIYAZ AHMED Vs. STATE OF J & K

JUDGEMENT

(1.) Petitioners claim that they, being major, have contracted marriage out of their freewill and are living as husband and wife, but are apprehensive to be subjected to physical violence and harassment at hands of their relatives, including respondents 4 to 7, as petitioners have contracted marriage against their wishes. Petitioners, therefore, seek protection and security cover from respondents.

(2.) Heard and perused the file. Perusal of record annexed with writ petition reveals that petitioners are major and have contracted marriage according to Muslim Personal Law, rites and customs.

(3.) Keeping in view the prayer made, writ petition is disposed of with a direction to official respondents to provide adequate security cover to petitioners and act in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, subject to the condition that official respondents will check and see as to whether parties are major and the marriage has been solemnized in strict accordance with prevalent laws, and if there is any FIR against petitioner(s), in that eventuality, police may go ahead with the investigation under rules.