Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes: High Court Of Jammu & Kashmir And Ladakh

Item No. 91 Suppl List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No.2101 2021 Jameela Bano & another …Petitioner(s) Through: Mr. Z. A. Wani Advocate Union Territory of J&K & Ors. …Respondent(s) CORAM: HON’BLE MR. JUSTICE SANJAY DHAR JUDGE 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 whereafter they are living as husband and wife. The petitioners apprehend harassment at the hands of respondents No.6 to 11 who according to them are trying to get petitioner No.1 married to some other person. It is also averred in the petition that the respondents No.6 to 11 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.1 has not been kidnapped or abducted by anybody but she has out of her own free will contracted marriage with petitioner No.2 and both are living peacefully. It is also averred in the writ petition that the official respondents have started hunting for the petitioners and their relatives and are 2 WP(C) No.2101 2021 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 petitioners 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. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P and anr 2006SCC 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. I have heard the counsel for the parties and perused the record on the file. Perusal of the documents annexed with the writ petition reveals that the petitioners are major and they have contracted the marriage according to Muslim Personal Law rites and customs. Any person having attained the age of majority is entitled to contract the marriage as per his her wishes and the police is duty bound to protect the life and liberty of such persons if approached by the concerned parties. However it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them. 3 WP(C) No.2101 2021 In this view of the matter this petition is disposed of at this stage with a direction to the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P.5 SCC 475 if and when petitioners approach them. It is made clear that no opinion is being been expressed with regard to the authenticity of age proof of the petitioners particularly that of petitioner No.1 as also with regard to the validity of their marriage. The police is free to take a view on the basis of the available material and thereafter proceed in accordance with the law. “Bhat Altaf PS” Whether the order is speaking: Yes No Whether the order is reportable: Yes No 

Summary: A perusal of the documents attached with the writ petition revealed that the petitioners were major and they had contracted the marriage according to Muslim Personal Law, rites and customs. The Hon’ble High Court Of Jammu &amp; Kashmir And Ladakh, at Srinagar before The Hon’ble Mr. Justice Sanjay Dhar, held such an opinion regarding the case of  Jameela Bano &amp; another Vs. Union Territory of J&amp;K &amp; Ors. [WP(C) No.2101/2021].  The facts of the case were related to the petitioners who were adults and contracted the marriage out of their will and were living as husband and wife. It was stated that respondents no.6 to 11 harassed the petitioner and also they hired hooligans to beat up the petitioners. Moreover, the relatives were hunting them. The petitioner by such petition prayed for protection and security from the respondents. The representing counsel for the petitioner stated that the petitioners were entitled to marry according to their choice and the official respondents were duty-bound to protect the life and liberty of the petitioners.  The Hon’ble Justice after going through all the submissions stated that the petitioners being major can rightfully contract the marriage as per his/her wishes and the police were duty-bound to protect the life and liberty of such persons if approached by the concerned parties. Even so, the petitioner did not approach the official respondents for their indulgence in the matter to provide protection.  The Hon’ble Court regarding the matter ruled out that “ In this view of the matter, this petition is disposed of, at this stage, with a direction to the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, if and when petitioners approach them. It is made clear that no opinion is being been expressed with regard to the authenticity of age proof of the petitioners, particularly that of petitioner No.1 as also with regard to the validity of their marriage. The police is free to take a view on the basis of the available material and thereafter proceed in accordance with the law.”