J&K HC | If one has attained age of majority, is entitled to contract marriage as per his/her wishes and police department is duty bound to protect their life and liberty

Jammu and Kashmir and Ladakh High Court

Jammu and Kashmir High Court: Sindhu Sharma, J. disposed of the petition at the stage and directed the police to provide protection to the petitioners.

In the present case, the petitioners sought a direction to the official respondents to provide them with police protection as they apprehend danger to their lives from the respondents. It was avered by the petitioners that they are major and got married out of their own free will. Copies of Nikah Nama and Marriage Agreement were placed on record to prove the same. The petitioners further contended that their marriage was contracted against the wishes of the respondents, thus attracting constant harassment from their side.

Imran Ashraf, counsel for the petitioners referred to the judgment of the Supreme Court in Lata Singh v. State of UP,  (2006) 5 SCC 475 and submitted that the petitioners were rightly entitled to marry according to their choice and in the absence of any legal impediment, the official respondents were duty-bound to protect their life and liberty.

The Court pointed out that, the petitioners should have first approached the police for official protection and made a noteworthy statement, wherein:

“One who has attained the age of majority, is entitled to contract marriage as per his/her wishes and the police department is duty bound to protect their life and liberty.”

Thus, the official respondents were ordered to carry out an official enquiry and accordingly extend protection to the petitioners.[Ajaz Ahmad Magray v. UT of J&K, 2020 SCC OnLine J&K 454, decided on 04-09-2020]

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