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Supreme Court of India · body

2009 DIGILAW 1266 (SC)

Fiaz Ahmed Ahanger v. State Of J & K

2009-05-21

DEEPAK VERMA, MARKANDEY KATJU

body2009
ORDER : Issue notice. Chanchali Devi/Mehvesh Anjum has appeared before us and has stated that she is 21 years of age and has a baby girl. We are satisfied that she is a major. She further states that she wants to continue to live with the petitioner Fiaz Ahmed Ahanger with whom she is voluntarily living of her own choice and whom she married on 18.12.2007. 2. This is a free, democratic and secular country. Once a girl is above 18 years of age, it is her choice with whom to live with and whom to marry with, as held by this Court in Lata Singh v. State of U.P., 2006(5) SCC 475 . As observed by us in the aforesaid decision, if the parents of the girl do not approve of the intercaste or inter-religion marriage of a major girl, the maximum they can do is that they can cut off social relations with the daughter but they cannot give threats or commit or instigate acts of violence and cannot harass the person, as such acts would be unlawful. 3. In such cases of intercaste or inter-religion marriage the Court has only to be satisfied about two things : (1) that the girl is above 18 years of age, in which case, the law regards her as a major vide Section 3 of the Indian Majority Act, 1875. A major is deemed by the law to know what is in his or her welfare. (2) The wish of the girl. In the circumstances, we direct that nobody will harass, threaten or commit any acts of violence or other unlawful act on the petitioner, Chanchali Devi/Mehvesh Anjum and the petitioner's family members and they shall not be arrested till further orders in connection with the case in question. If they feel insecure, they can apply to the police and, in such event, the police shall grant protection to them. Order accordingly.