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2025 DAILYLAW 2503 (JK)

JASPREET KOUR AND ANOTHER v. UT OF J AND K TH COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS

WP(C)/643/2025 · 2025-03-17

Sindhu Sharma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 30 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP(C) No. 643/2025 CM No. 1515/2025 Jaspreet Kour and another …. Petitioner/Appellant(s) Through:- Mr. Tarun Sharma, Advocate & Mr. Gupreet Singh, Advocate. V/s UT of J&K and others …..Respondent(s) Through:- Mrs. Monika Kohli, Sr. AAG. CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 17.03.2025 01. Petitioners seek a direction to respondent Nos. 2 to 5 to provide them police protection as they apprehend danger to their lives from respondent Nos. 6 and 7. It is submitted that the petitioners are majors and have married out of their own free will. A copy of the Marriage Certificate dated 15.01.2024 issued by Gurdwara Sri Guru Gobind Singh Ji Nagar, Rohi, Jammu has been placed on record. They submit that since they have solemnized their marriage against the wishes of respondent Nos. 6 and 7, they are facing harassment at their hands. 02. Learned counsel for the petitioners refers to the decision of the Hon’ble Supreme Court in ‘Lata Singh v. State of U.P. and another’, (2006) 5 SCC 475, and submits that in the absence of any legal impediment, the petitioners are entitled to marry according to their choice, and the official respondents are duty-bound to protect their life and liberty. 03. Both the petitioners are present in Court and have been identified by their counsel. 04. A perusal of the record annexed to the writ file reveals that the petitioners are major and have contracted marriage on 15.01.2024 in accordance with Sikh Rites and Customs. 05. Any person who has 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. However, it appears that the petitioners have not previously approached the official respondents for protection. 06. Considering the nature of the relief sought, this petition is disposed of at this stage with a direction to respondent Nos. 2 to 5 to consider the grievance of the petitioners and provide them with adequate security, ensuring that no interference takes place in their married life, if they approach the authorities. It is clarified that no opinion is expressed on the validity of their marriage, and the police are at liberty to take an appropriate view based on the available material and inquiry. 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. 07. Disposed of accordingly. (Sindhu Sharma) Judge Jammu: 17.03.2025 Michal Sharma/PS Michal Sharma I attest to the accuracy and authenticity of this document Jammu 17.03.2025 16:37