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High Court of Jammu and Kashmir · body

2025 DAILYLAW 8469 (JK)

MUDDASIRA ASHRAF AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/1830/2025 · 2025-08-01

Rajnesh Oswal

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 82 Supplementary List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1830/2025 CM No. 4813/2025 Muddasira Ashraf and Anr …Petitioner/Appellant(s) Through: Mir Umar, Advocate. Vs. Union Territory of JandK Th. SHO Police Station Kulgam and Ors. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 01.08.2025 1. The petitioners seek a direction upon official respondents to provide them the police protection as they apprehend danger to their lives from respondent Nos. 4 to 11 owing to the reason of having married against the wishes of said respondent Nos. 4 to 11. 2. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. 3. Learned counsel for the petitioners refers to the decision of the Supreme Court passed in case titled as in Lata Singh v. State of U.P. and another 2006 (5) SCC 475, and would submit 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. 4. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them. 5. In this view of the matter, this petition is disposed of, at this stage, by providing that the official respondents shall look into the grievances of the petitioners and if grievances are found to be genuine, they shall ensure that nobody interferes in their married life, if they approach them. However, this order shall not come in the way of the investigation of FIR, registered, if any. 6. It is made clear that no opinion has been expressed with regard to the validity of the marriage of the petitioners. 7. The petitioner No. 1 has undertaken to deposit an amount of Rs. 2 lacs in the account of his wife i.e., petitioner No. 2. At the time of furnishing of this order before the SHO concerned, the petitioner shall also produce the receipt in respect of deposit of Rs. 2 lacs in the account of wife viz. petitioner No. 2. 8. The writ petition is, accordingly, disposed of. (RAJNESH OSWAL) JUDGE SRINAGAR: 01.08.2025 “Shahid Manzoor”