MARIA RASHID AND ANOTHER v. UNION TERRITORY OF J AND K (HOME) AND ORS
LPA/39/2025 · 2025-03-03
Atul Sreedharan, Puneet Gupta
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6457 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6457 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No. 07 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
LPA 39/2025 in[WP(C) 339/2025] CM(1017/2025)
MARIA RASHID AND ANOTHER …Petitioner(s)/appellant(s) Through: Mr. Saleem Gul, Advocate & Mr. Shabir Ahmad Shah, Advocate Vs.
UNION TERRITORY OF J AND K (HOME) AND ORS ...Respondent(s) Through: Mr. Abdul Rashid Malik, Sr. AAG & Mr. Mohammad Younis, Assisting Counsel
CORAM:
HON’BLE MR. JUSTICE ATUL SREEDHARAN, JUDGE HON’BLE MR. JUSTICE PUNEET GUPTA, JUDGE
ORDER 03.03.2025
1. The present appeal has been preferred against the order dated 21.02.2025, by which the prayer for police security was rejected by the learned Single Judge who doubted whether or not the marriage ceremony was performed.
2. If two people are living together and they say that they are married, then it is for the person who asserts to the contrary to establish that they are not.
3. Paragraph 7 of the writ petition has been read out by learned counsel for the petitioners/appellants before this Court which only states that the appellants having fallen in love with each other and having contracted marriage are facing opposition/threat from their respective families who are not
supportive of their marriage. However, no specific reference to any kind of threat is given in paragraph 7 of the writ petition.
4. Material particulars in such a case would be mentioning the name of the person who has conveyed the threat, the date and the mode by which the threat was given. None of those particulars are there in paragraph 7 of the petition. However, this appeal can be disposed of with a request to In-charge Women Cell Police Station, Rambagh to call the appellants herein, record their statements and thereafter if the police forms an opinion that there is any threat to the appellants, it is for the police to provide such security as it deems appropriate if such threat exists.
5. With the above, this appeal stands disposed of.
(PUNEET GUPTA)
(ATUL SREEDHARAN) JUDGE
JUDGE
SRINAGAR 03.03.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 04.03.2025 12:07