Research › Search › Judgment

J&K High Court · body

2017 DIGILAW 424 (JK)

Palvi Sharma v. State

2017-07-25

B.S.WALIA

body2017
JUDGMENT : 1. Petitioners seek issuance of directions to respondent Nos.2 to 4 to provide adequate security cover to them on account of alleged threat to their life at the hands of respondent Nos.5 to 9 in view of solemnization of marriage by the petitioners against the wishes of the said respondents. 2. Date of birth of petitioner No.1 is recorded in Grade Card issued by the Jammu and Kashmir State Board of School Education Secondary School Examination Annual (Class 10th) as 19.03.1990. In other words, petitioner No.1 is more than 27 years of age, while as per School Leaving Certificate (at page No.9 of the paper book) issued by the Govt. Middle School, Zone Dandesar (Nowshera), date of birth of petitioner No.2 is recorded as 23.04.1985. In other words, he is more than 32 years of age. 3. Learned counsel contends that both the petitioners fulfil the age requirement as also other requirements under law to entitle them to get married and in view of petitioners mutual liking for each other, the petitioners got married on 22.07.2017 out of their own free will, without any fraud, force or coercion though the same was against the wishes of respondent Nos.5 to 9, who are threatening them with harm to their life and liberty. Copy of the Marriage Certificate issued by the Arya Samaj Janipur Colony, Jammu is also annexed with the petition. 4. Learned counsel contends that in view of the threat to life and liberty to the petitioners at the hands of respondent Nos. 5 to 9, the petitioners have invoked the jurisdiction of this Court for issuance of directions to the official respondents to provide them security in accordance with law. Learned counsel states that the petitioners would be satisfied if the writ petition is disposed of by directing respondent Nos.3 & 4 to provide protection to the petitioners. 5. Notice of Motion to respondent Nos.3 & 4 only. Mr. W. S. Nargal, learned Sr. AAG, accepts notice on behalf of respondent Nos.3 & 4 and states that he has no objection to the limited prayer of the petitioners. 6. Statement of learned counsel for the parties is taken on record. 5. Notice of Motion to respondent Nos.3 & 4 only. Mr. W. S. Nargal, learned Sr. AAG, accepts notice on behalf of respondent Nos.3 & 4 and states that he has no objection to the limited prayer of the petitioners. 6. Statement of learned counsel for the parties is taken on record. Writ petition is taken on board and is disposed of by directing respondent Nos.3 & 4 to consider the alleged threat to the petitioners at the hands of respondent Nos.5 to 9 and if the circumstances of the case so warrant, to provide protection to them in accordance with the provisions of law applicable. It is, however, made clear that no opinion has been expressed with regard to the age of the petitioners or with regard to the validity of their marriage. It is further made clear that in case any complaint has been received against the petitioners, the same shall be dealt with strictly in accordance with law. 7. With the aforementioned directions, the writ petition is disposed of along with connected MP. Copy of order be provided to learned counsel for the parties under the seal and signatures of Reader of this Court.