J & K High Court: Living a Peaceful Married Life is Guaranteed Under Article 21

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The Jammu and Kashmir High Court heard the Petitioner of the present case dealing with Article 21 of the Constitution of India. The hearing was done virtually. The Court expressed the desire to hear the Petitioner on further dates.

The facts of the case

The Petitioners of the present case, i.e., Petitioner no.1 and Petitioner no.2 married each other of their will and both of them have reached the age of majority. The Petitioner no. 1 converted to Islam and married Petitioner no. 2. After their marriage the Petitioner no. 1 realises that there is a persistent threat to her life and her husband’s as well. Some people want to kill them and those are recorded as Respondent nos. 1, 2, 3, 4, 5, 6 and 7. They married to the disliking of Respondents 6 and 7 and further, the Respondents also registered a case against the Petitioners at Satwari Police Station. Thus the Petitioner no. 1 with the help of her friends in Jammu appeared before the court to seek protection for her life and her husband’s.

Petitioner’s submissions

Petitioner 1 and Petitioner 2 have submitted that they are majors and to support this they have resented their birth certificates issued by the board of school education. Petitioner no. 1 submitted that she married Petitioner no. 2 out of her free will with a sound mind and without any force from anyone including Petitioner no.2. They married each other and every requirement was fulfilled in terms of the law.  Petitioner no. 1 converted to another religion and married Petitioner no. 2 on her own free will. Moreover, Petitioner no. 1 submits that since they married without the liking of Respondents of this case, the Petitioners pose a threat to their lives as in their instance a large number of people are bent upon to kill the Petitioners. Accordingly, the Respondents filed a case against Petitioners in Satwari Police Station. Furthermore, the Petitioner looks forward to the Court’s positive decision to save her life and also the life of her husband as the court ensures to guarantee the citizen’s rights as it is enshrined in the Constitution of India.

Petitioner’s prayer

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The Petitioners under Article 21 of the constitution of India prayed for living a peaceful married life. The Petitioners prayed for relief seeking protection for their lives as guaranteed under Article 21.

Court’s observations

Court has observed the strength of the pleadings supported by many considerable documents and necessary affidavits. The court after hearing the facts of the case found it necessary to involve Mr. B. A Dar, the learned Senior Additional Advocate General to respond on this case. This Court plans to serve notice upon Respondent 6 and 7 within one week of the hearing. Also, to ensure proper protection to the life of the Petitioners it is necessary to direct Respondents 1 to 5 to make sure that they will not harass, attack or kidnap the Petitioner or that Respondents 6 and 7 do not cause any harm to the Petitioners. The Petitioners shall be allowed to live their married life the way they desire and protect their rights guaranteed under the Constitution of India.

Court’s decision

The Court has directed the concerned police to protect the Petitioners till the next hearing date in case the Petitioners approach them. Also, since the Petitioners reside in the jurisdiction of Respondent 3 and 5 in particular, the court directed SSP Budgam and SHO Police Station Chadoora to ensure that the directions in the letter and spirit are rightly implemented. The court also directed the SHO of Police Station Satwari, Jammu not to take any coercive steps against the Petitioners in pursuance of the case if any registered. The Court further directed to list the case on 28th May 2021 in the supplementary cause list.

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Click here to read the judgment.


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