An adult woman can reside with whoever she likes, irrespective of parent’s wishes: High Court of Jammu and Kashmir

Serial No. 201 Suppl. List WP(Crl) No.15 2021 Crl M.No.154 2021 CRM(M) No.17 2021 Crl M. No.71 2021 IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR UT of J&K & ors. Gulzar Ahmad Wani Through: Mr. Parvaiz Nazir Advocate Through: Mir Suhail AAG for 1 to 5 Mr. Sheikh Hilal Advocate for 6 & 7. …Petitioners Mohd Amir Bhat & anr. Through: Mr. Sheikh Hilal Advocate UT of J&K & ors. Through: Mir Suhail AAG. …Respondent(s) Hon’ble Mr. Justice Ali Mohammad Magrey Judge WP(Crl) No.15 2021: Pursuant to order dated 01.06.2021 Secretary Legal Services Authority has submitted the medical examination report of Sonia Gulzar D o Gulzar Ahmad Wani R o Aarath District Budgam which is taken on record. Heard learned counsel for the parties and considered the matter. to order dated 31.05.2021 the Medical Board on examination of the girl Soniyah Gulzar has furnished its opinion report about her age. The opinion so furnished by the Board is taken on record. The Medical Board has opined the age of the girl to be about 19 years. In that view of the matter the claim of the petitioner i.e. the father of the girl that she is a minor girl is rendered doubtful and cannot be relied upon especially so when the girl herself not only refuted the claim of her father that she is a minor girl but in her statement before this Court categorically deposed that she is presently more than 22 years of age. It would be apt to mention here that pursuant to this Court’s order dated 01.03.2021 the Investigating Officer of FIR no.470 2020 under Sections 366 A 109 IPC of Police Station Budgam registered at the instance of the girl’s father got the statement of the girl under Section 164 Cr. P. C. recorded before the concerned Magistrate. An English translation thereof was placed on record. The translated version of the statement so made by the girl placed before the Court is reproduced below: “In the year 2020 it has been on three occasions that I left my home and went with the accused namely Mohammad Amir Bhat. My father off and on used to physically assaultme. He even chopped cut my hair. He hit my back and due to the same even today I feel suffer from back pain. I used to reside with the accused at his residence located at Kulgam. On 20th December 2020 my father came to the residence of the accused at Kulgam and for the purpose of Nikah he signed the acceptance deed memo and left me at the residence of the Sarpanch of Arigatnu. Subsequently on 25th December 2020 my father telephonically conveyed to the Sarpanch that instead of him he may read out my Nikah sermons. On 30th December my father alongwith his maternal brother and police came to the house of my in laws and physically assaulted me due to which I started bleeding and was taken to the hospital No.15 2021 alongwith its connected Crl M.No.154 2021 is dismissed as being unfounded and without any merit. It may be mentioned here that with a view to protecting the girl Soniyah Gulzar pursuant to directions of the Court she was directed to be lodged in Shelter Home Sheikhpora Budgam run by the Social Welfare Department Government of the UT of J&K. On 19.05.2021 on enquiry from the Court she expressed that she may be handed over to her husband namely Mohammad Amir Bhat as according to her she had contracted marriage with him out of her own free will and without any coercion. Her statement is recorded in para 03 of the order that date. Now that the petition has been dismissed and the girl is established not to be minor coupled with the fact that she states to have married to Mohammad Amir Bhat and had been residing with him and was in fact taken into custody from his residential home the girl deserves to be let free and handed over to her husband Mohammad Amir Bhat. The SHO Police Station Budgam and the Incharge of Shelter Home Sheikhpora Budgam are accordingly directed to release the girl and ensure that her custody is handed over to her husband against proper receipt. It shall be the responsibility of the SHO Police Station Budgam to ensure that the couple is safely escorted upto their residence at Arigatnu Tehsil Pahloo Kulgam. 10. All interim order shall abide by the orders passed hereinabove. CRM(M) No.17 2021: In light of clear findings recorded by the Court hereinabove the Court feels it unnecessary to record a finding as to the legality or otherwise of the FIR in the instant petition. The above findings will naturally set the course of the investigation in the FIR and lead the IO to a just conclusion therein. Leaving the appropriate course to be adopted to the decision of the IO in light of the above this petition is disposed of alongwith the accompanying CrlM No.71 2021. Interim direction if any passed and subsisting shall merge in this final order passed by the Court. Registry to place copy of the order on each file. Judge Mohammad Yasin Dar Whether the Judgment is reportable Yes No. Yes No. Whether the Judgment is speaking 

Summary: Upon turning 18 years of age, a woman is considered an adult and can legally enter wedlock. Furthermore an adult woman can choose to reside wherever she pleases irrespective of whether her family members approve of the same or not. The judgement passed by a single-member bench of the High Court of Jammu and Kashmir at Srinagar consisting of Justice Ali Magrey adjudged upon the case of Gulzar Ahmad Wani v Union Territory of Jammu and Kashmir [WP(Crl) No.15/2021  Crl M. No.154/2021] on 4th June 2021 which dealt with this issue. Gulzar Ahmad Wani, the petitioner claimed that his daughter Soniyah Gulzar is a minor who has been kidnapped by the accused Mohammad Amir Bhat and is kept at his house at Arigatnu, Kulgam. Soniyah Gulzar claims to be a major of 22 years and that she legally entered into wedlock with the accused and wilfully resides at her matrimonial home. As a result of the order issued on 1st June 2021, Secretary Legal Services Authority conducted and submitted a medical examination report of Soniya Gulzar and came to the conclusion that she is a minimum of 19 years, making her a major under Indian law. Both the counsels’ attempted to stretch the scope of the matter to what age a Muslim attains majority and can contract to marriage. However these arguments were discarded as being baseless and lacking merit by the court.