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Judgment
Through the medium of instant petition, the petitioners seek a direction upon official respondents to provide them adequate protection as they
apprehend danger to their lives from the private respondents. It is submitted that the petitioners are major and that they have entered into wedlock out
of their free and volition. In support of their contention, the petitioners have placed on record copies of Nikah Nama, marriage agreement, affidavit of
petitioner No.2 and a photocopy of certificate issued by Principal, Govt. Higher Secondary School, Litter Pulwama, wherein date of birth of petitioner
No.2 is shown as 20.03.2002.
It is contended in the petition that because the petitioners have contracted marriage against the wishes of private respondents, as such, they are
facing harassment at hands of private respondents.
Learned counsel for the petitioners while placing reliance on the judgment of the Supreme Court in Lata Singh v. State of U.P. and anr. 2006 (5)
SCC 475, submitted that in absence of there being any legal impediment, the petitioners are entitled to enter into wedlock as per their choice and the
official respondents are duty bound to protect their life and liberty.
I have heard the counsel for the petitioners and perused the material on record.
Perusal of the record annexed with the writ petition reveals that the petitioners are major and they have contracted marriage according to Muslim
Personal Law, 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.
Keeping in view the relief sought, this writ 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 age of the petitioners, particularly that of
petitioner No.2 as also with regard to the validity of their marriage. The official respondents are free to take a view on the basis of the available
material and thereafter proceed in accordance with the law.