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2025 DAILYLAW 4723 (JK)

KOMAL SHARMA AND ANOTHER v. UT OF J AND K TH SENIOR SUPERINTENDENT OF POLICE RAMBAN AND OTHERS

WP(C)/2495/2025 · 2025-09-09

Wasim Sadiq Nargal

body2025

Judgment text

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S.No. 131 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. :- WP (C) No. 2495/2025 CM No. 5735/2025 Komal Sharma & Anr. …..Petitioner(s) Through: Mr. Bari Abdullah, Advocate Vs UT of J & K & Ors .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 09.09.2025 1. Petitioners through the medium of this petition under Article 226 of the Constitution of India seek directions from this Court to command Respondents 1 and 2 to provide them the police protection as they apprehend danger to their lives from the petitioners’ relatives particularly private respondent No.3. It is submitted that the petitioners are major and out of their free will, they got married. Copy of Marriage Certificate dated 05.09.2025 has been placed on record. It is further submitted that since the petitioners have contracted marriage against the wishes of Respondent No. 3, as such, they are facing harassment at his hands. The petitioners, in support of their date of birth, have placed on record D.O.B certificates, issued by the J&K Board of School Education as well as the District Institute of Education & Training, Banihal (Ramban). 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 2 WP (C) No. 2495/2025 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. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the Police Department is duty bound to protect the 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. 4. In this view of the matter, the instant petition is disposed of, at this stage, by directing Respondents 1 and 2 to look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage. 5. The writ petition is, accordingly, disposed of along with connected CMs. 6. Copy of this order be provided to learned counsel for the petitioners under the seal and signature of Bench Secretary of this Court. (Wasim Sadiq Nargal) Judge JAMMU 09.09.2025 Vijay Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Vijay Kumar 2025.09.09 16:25 I attest to the accuracy and integrity of this document