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2017 DIGILAW 163 (JK)

Gottam Verma v. State

2017-03-30

RAMALINGAM SUDHAKAR

body2017
JUDGMENT : 1. Both the petitioners are present in person. The case of the petitioners is that the 1st petitioner belongs to OBC Category and both are the residents of Tehsil Hiranagar, District Kathua and presently are residing at Near Shiv Mandir Gurha Methian, Hiranagar, District Kathua. 2. To prove the age of 2nd petitioner-Poonam Sharma, learned counsel for the petitioners refers to Page Nos. 10 and 11, which are the Unique Identification Card (Adhar Car) and the Identity Card issued by the B.R.C. College of Nursing, showing the Date of Birth of 2nd petitioner as 01.02.1995 and the age of 1st petitioner is said to be 26 years. 3. Regarding the age, Mr. J.S. Jasrotia, counsel appearing for the petitioners states that he has personally verified and ensured that both the petitioners are major and each one of them are eligible to marry each other. His statement is taken on record. The petitioners have contracted marriage according to the Hindu law and customs on 24th of March, 2017 at Arya Samaj, Janipur Colony, Jammu. A certificate issued in this regard forms Annexure-C (Page No. 17) to the petition. The present writ petition is on account of harassment by the respondent Nos. 6 to 13, who are the relatives of petitioner No. 2. 4. Prima facie, there appears to be no dispute on the age of 2nd petitioner, which is based on Annexures at Page Nos. 10 and 11 to the writ petition. 5. In this view of the matter, as 2nd petitioner’s plea is that she is major and since there is a valid marriage agreement, there can be no restraint under law. Respondent Nos. 6 to 13 ought not to harass the petitioners in any manner. 6. Notice to the respondents, returnable within four weeks. 7. List on 27th April, 2017. 8. In the meanwhile, 4th respondent, i.e., Station House Officer, Police Station, Hiranagar, District Kathua is directed to give protection to the petitioners till the next date of hearing. Official respondents to ensure that respondent Nos. 6 to 13 do not harass or cause any disturbance to the life and liberty of the petitioners in any manner until further orders of this Court. 9. The petitioner No. 1-husband voluntarily agrees to deposit a sum of Rs. 1, 00,000/-(Rupees One Lac only) in the name of 2nd petitioner-wife. Official respondents to ensure that respondent Nos. 6 to 13 do not harass or cause any disturbance to the life and liberty of the petitioners in any manner until further orders of this Court. 9. The petitioner No. 1-husband voluntarily agrees to deposit a sum of Rs. 1, 00,000/-(Rupees One Lac only) in the name of 2nd petitioner-wife. The amount shall be deposited in any branch of Jammu and Kashmir Bank Ltd. as Fixed Deposit in the name of 2nd petitioner initially for a period of three years to be renewed from time to time. Receipt of same shall be furnished on the next date.