J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed

Jammu and Kashmir High Court: Sindhu Sharma, J., while allowing the present petition, issued directions to the police authorities, to ensure that the life and liberty of the petitioner is maintained without undue interference.

The present case has been filed to seek police protection as the petitioners apprehend danger to their lives from respondent 5 to 13, the reason for which is allegedly marriage without the will of respondent 5 to 13. Counsel for the petitioner referred the decision of Supreme Court in the case of Lata Singh v. State of UP, (2006) 5 SCC 475, and submitted that in absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the respondents are duty-bound to protect the life and liberty of the petitioners.

Court observed, “Any person(s) having attained the age of majority are entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.” Disposing off the matter, Court issued directions saying that, “…respondent Nos. 2 to 4 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them.”[Radha Devi v. UT of J&K, 2021 SCC OnLine J&K 2, decided on 11-01-2021]


Sakshi Shukla, Editorial Assistant put this story together

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