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2025 DAILYLAW 2999 (JK)

AFTAB AHMED AND ANOTHER v. UT OF J AND K TH PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT JAMMU AND OTHERS

WP(C)/883/2025 · 2025-04-11

Wasim Sadiq Nargal

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No. 883/2025 CM No. 2113/2025 Aftab Ahmed and Anr. ..... Appellant(s)/Petitioner(s) Through :- Mr. Anuj Malhotra, Advocate Vs U.T. of J&K and Ors. .....Respondent(s) Through :- Mrs. Monika Kohli, Sr. AAG for R- 1 to 4 CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 11.04.2025 1. The petitioners seek a direction to the official respondents to provide them police protection as they apprehend danger to their lives at the hands of private respondents. It is submitted that petitioners are major and have entered into wedlock out of their free will and volition. The petitioners solemnized marriage as per Muslim law on 05.04.2025. Copy of Nikahnama dated 05.04.2025 is placed on record. 2. Hon’ble Supreme Court in Lata Singh v. State of UP. and anr., 2006 (5) SCC 475 has observed that in the 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 their life and liberty. 3. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and police agency is obliged to protect the life and liberty, if approached. Sr. No. 95 2 | P a g e WP(C) No. 883/2025 4. In this view of the matter, the petition is disposed of, at this stage, by providing that official respondents shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life. The petitioners are directed to produce the requisite documents certifying their age proof before the Registrar Judicial of this Court on 21.04.2025. However, the continuance of the interim protection to petitioners today shall be subject to furnishing of their age proof before the Registrar Judicial and copy of the requisite documents certifying the age be also furnished to learned counsel for the respondent nos. 1 to 4. 5. This Court has not expressed any opinion about the validity or authenticity of the marriage and the documents/certificates annexed with the petition. This order, however, shall not come in the way of the official respondents for investigation of FIR/criminal complaint, if any, filed against the petitioners. 6. The writ petition is, accordingly, disposed of along with all connected application(s). (WASIM SADIQ NARGAL) JUDGE JAMMU 11.04.2025 Mihul