POOJA DEVI Vs. UNION TERRITORY OF JAMMU AND KASHMIR
LAWS(J&K)-2020-3-58
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 31,2020

POOJA DEVI Appellant
VERSUS
Union Territory Of Jammu And Kashmir Respondents


Referred Judgements :-

LATA SINGH VS. STATE OF U P [REFERRED TO]


JUDGEMENT

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 the marriage agreement 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 No. 4 and 5. The learned counsel further submits that when the petitioners were restrained and rather petitioner no. 1 was hit by fists and blows by respondent nos. 4 and 5 on 16.03.2020 at Bus Stand Samba, the petitioners approached the concerned Police Station but no cognizance was taken forcing the petitioners to file a complaint in the Court of learned Munsiff, Judicial Magistrate. Samba, wherein the statement of petitioner No. 1 was recorded and the next date was fixed for 28.03.2020.
(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. From the documents placed on record, particularly the matriculation certificate of the petitioner no. 1, it clearly transpires prima facie that petitioners are major and have legal age to marry. However, it appears that despite the fact that the petitioners have approached the official respondents for their indulgence in the matter for providing protection to them, nothing has been done.
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