KOMAL MANHAS AND ANOTHER v. UT OF J AND K TH DIRECTOR GENERAL OF POLICE AND OTHERS
WP(C)/122/2025 · 2025-01-20
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1682 (JK) · dailylaw.ai ]
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Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 122/2025 CM No. 251/2025
Komal Manhas and another
…..Appellant(s)/Petitioner(s)
Through: Mr. Rohit Verma, Advocate.
vs
UT of J&K and others .…. Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG.
Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 20.01.2025
1. Petitioners seek a direction to respondent Nos. 1 to 5 to provide them the police protection as they apprehend danger to their lives from respondent Nos. 6 & 7. It is submitted that the petitioners are major and have married out of their own free will. Copies of Marriage Certificate dated 06.12.2024 and proof of petitioners’ date of birth have been placed on record. Petitioners submit that since they have solemnized the marriage against the wishes of respondent Nos. 6 & 7, as such, they are facing harassment at their hands.
2.
Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of U.P. and anr.; 2006 (5) SCC 475, and submits that in 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.
3. Both the petitioners are present in Court and are identified by their counsel. Serial No. 70
2 WP(C) No. 125/2025
4. Perusal of the record annexed with the writ file reveals that petitioners are major and have married each other on 06.12.2024 according to Hindu Rights and Rituals.
5. 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.
6. Keeping in view the relief sought for, this petition is disposed of, at this stage itself, by providing that respondent Nos. 3 & 5 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. It is made clear that no opinion has been expressed with regard to the validity of their marriage, and the police is free to take a view on the basis of the available material. If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them.
7.
Disposed of along with connected CM(s).
(MOKSHA KHAJURIA KAZMI)
JUDGE
Jammu 20.01.2025 Neha-II