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2017 DIGILAW 602 (JK)

Shammi Kumar v. State

2017-08-10

B.S.WALIA

body2017
1. Petitioners seek issuance of directions to respondent Nos.2 & 3 to provide adequate security cover to them on account of alleged threat to their life at the hands of respondent No.4 in view of solemnization of marriage by the petitioners against the wishes of the said respondent. 2. Date of birth of petitioner No.1 is recorded in Annexure-A (at page 12 of the paper book) i.e. Aadhaar Card issued by the Government of India as 01.01.1991. In other words, petitioner No.1 is more than 26 years of age, whereas as per Annexure-A (at page 13 of the paper book) i.e. Grade Card issued by Jammu and Kashmir State Board of School Education Secondary School Examination (Class 10th), date of birth of petitioner No.2 is recorded as 11.10.1998. In other words, she is more than 18 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 23.07.2017 out of their own free will, without any fraud, force or coercion though the same was against the wishes of respondent No.4, who is threatening them with harm to their life and liberty. Copy of the Marriage Certificate (Annexure-C) issued by the Arya Samaj Udhampur 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 No.4, 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 No.3 to provide protection to the petitioners. 5. Notice of Motion to respondent No.3 only. Mr. Ahtsham Bhat, learned GA, accepts notice on behalf of respondent No.3 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 No.3 to consider the alleged threat to the petitioners at the hands of respondent No.4 and if the circumstances of the case so warrant, to provide protection to them in accordance with the provisions of law applicable. Writ petition is taken on board and is disposed of by directing respondent No.3 to consider the alleged threat to the petitioners at the hands of respondent No.4 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. With the aforementioned directions, the writ petition is disposed of along with connected MP.