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2025 DAILYLAW 3633 (JK)

SURITA DEVI AND ANOTHER v. UT OF J AND K TH DIRECTOR GENERAL OF POLICE AND OTHERS

WP(C)/1577/2025 · 2025-06-19

Sanjay Parihar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Sr. No. 34 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU WP (C) No. 1577/2025 Surita Devi and another …. Petitioner/Appellant(s) Through:- Mr. Neeraj Gupta, Advocate V/s UT of J&K and others …..Respondent(s) Through:- Mr. Sumeet Bhatia, GA vice Mrs. Monika Kohli, Sr. AAG CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE ORDER 19.06.2025 1. Notice. 2. Mr. Sumeet Bhatia, Govt. Advocate vice Ms. Monika Kohli, learned Sr. AAG accepts notice on their behalf. 3. Considered the plea of learned counsel for the petitioners, the petition can be disposed of at this stage without issuing notice to the private respondent. 4. The petitioners submit in the petition that they are legally wedded couple as they have solemnized the marriage of their own will as per Hindu law, rites and customs at Arya Samaj, Chinnor Jammu on 05.02.2024. The private respondent No. 4 is causing interference in the matrimonial life of the petitioners without any justification. The petitioners are required to be protected from the harassment caused by the private respondent. 5. As the petitioners claim to be major and having entered into wedlock of their own volition, they are required to be protected against the harassment, if any caused by the private respondent. Learned counsel for the petitioners has referred to judgment passed by the Hon’ble Supreme Court in Writ Petition (Crl) No.028/2004 decided on 07.07.2006 titled Lata Singh Vs. State of U.P. 6. Accordingly, it is directed that in case the petitioners approach the official respondents with the representation, the official respondents shall assess the threat perception as projected by the petitioners and accordingly proceed in the matter. 7. However, it is made clear that the court has not expressed any opinion on the validity of the marriage between the petitioners nor of threat or harassment allegations leveled against the private respondent. 8. The petition is disposed of along with connected CM(s). (Sanjay Parihar) Judge Jammu: 19.06.2025 Shafqat