Ashu Devi and Anr vs Ut Of J&K & Others

Sanjay Dhar, J

The case set up in the petition is that the petitioners are major and have contracted the marriage out of their free will and volition and they are living as husband and wife. The petitioners apprehend harassment at the hands of respondent Nos. 3 to 5 who, according to the petitioners, have threatened petitioner No. 2 to get eliminated by them. It is also contended in the petition that petitioner No.1 has, out of her own free will, contracted marriage with petitioner No.2 and both are living peacefully. The petitioners have placed on record copies of the documents to show their age proof. They have also placed on record copy of the marriage agreement and copy of marriage certificate.

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 the 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.

I have heard the counsel for the parties and perused the record on the file.

Perusal of the documents annexed with the writ petition, prima facie, reveal that the petitioners are major and they have contracted the marriage according to Hindu rites and customs. 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 of such persons, if approached by the concerned parties. However, it appears that the petitioners have not approached the official respondents for their indulgence in the matter for providing protection to them.

In this view of the matter, this petition is disposed of, at this stage, with a direction to the official respondents to provide adequate security cover to the petitioners in accordance with the law laid down by the Supreme Court in Lata Singh v. State of U. P. (2006) 5 SCC 475, if and when petitioners approach them.

It is made clear that no opinion is being been expressed with regard to the authenticity of age proof of the petitioners, particularly that of petitioner No.1 as also with regard to the validity of their marriage. The Police is free to take a view on the basis of the available material and thereafter proceed in accordance with the law.