SAKINA BANO Vs. UNION TERRITORY OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
Union Territory Of Jammu And Kashmir
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Sanjeev Kumar,j. -
(1.)The petitioners seek a direction to respondents 1 to 3 to provide them the police protection as they apprehend danger to their lives from respondent nos. 4 and 5. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikah Nama has been placed on record. They submit that since they have contracted the marriage against the wishes of respondent nos. 4 and 5, as such, they are facing harassment at the hands of respondent Nos. 4 and 5.
(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 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.
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