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2025 DAILYLAW 9689 (JK)

PARVEENA BANO AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS

WP(C)/3087/2024 · 2025-01-03

Moksha Khajuria Kazmi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 42 Suppl. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 3087/2024, CM(48/2025), CM(8407/2024), CM(8408/2024) PARVEENA BANO AND ANR …Petitioner(s)/Appellant(s) Through: Mr. Shabir Shah, Advocate Vs UNION TERRITORY OF J AND K (HOME) AND ORS ...Respondent(s) Through: CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 03.01.2025 CM No. 48/2025 This is an application for placing on record the age proof certificate of petitioner No. 2 issued by Block Medical Officer, Kupwara, directed by this Court in terms of order dated 30.12.2024. Application is allowed and the age proof certificate of petitioner No. 2 issued by Block Medical Officer, Kupwara is taken on record. CM disposed of. WP(C) No. 3087/2024 1. The petitioners claim to be major having solemnized their marriage in accordance with the Shariat Law as per their own will and volition. It is submitted that Nikah Nama was executed on 19.08.2024 in presence of witnesses. The petitioners submit that they apprehend interference from the respondents. With a view to substantiate their claim that the petitioner No. 01 is major, reliance has been placed on the copy of date of birth certificate issued by Government High School, Chountiwari (Payeen) Machil, District Kupwara wherein her date of birth is shown as 03.03.2002. 2. In terms of order dated 30.12.2024, learned counsel for the petitioners was directed to place on record better age proof of petitioner No. 02. In compliance to the order supra, he has placed on record age proof certificate issued by Block Medical Officer, Kupwara by which the petitioner No. 02 has been shown as approximately 21 years old. 3. 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 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. 4. Having gone through the contention of the learned counsel for petitioners and the material placed on record, prima facie it appears that petitioner No. 01 is a major and has solemnized her marriage with petitioner No. 02 out of her own will and volition. Both the petitioners are before this Court and have made a statement that they have solemnized their marriage out of their own will and volition and that they are still together as husband and wife. If that be the position, nobody including the police has a right to interfere in their peaceful married life. 5. This petition is disposed of by providing that none of the respondents including the police shall interfere or cause any interference in the married life of the petitioners. This direction has been given by this Court after having been satisfied that both the petitioners are major and have solemnized their marriage out of their free will and volition. 6. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 03.01.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 04.01.2025 10:09