Police Duty Bound To Protect Life, Says High Court  

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SRINAGAR — Any person having attained the age of majority is entitled to contract the marriage as per his or her wishes and the police department is duty bound to protect the life and liberty, if approached, the state high court has said.

The observation was made by the court’s single bench of Justice Sanjeev Kumar on a petitioners seek a direction to police to provide protection by a couple as they apprehend danger to their lives. 

The petitioners  submitted that they are major and out of their free will they got married. They also placed copy of Nikah Nama on record. They submit that since they have contracted the marriage against the wishes of family, as such, they are facing harassment. “Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached,” the court said. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them, the court observed. “In this view of the matter, this petition is disposed of, at this stage, by providing that (police) shall look into the grievance of the petitioners for providing them the adequate security and to ensure that nobody interferes in the married life of the petitioners, if the petitioners approach them.”

The court said that it’s 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, and the police is free to take a view on the basis of the available material and inquiry. 

“If it is found that the parties are major and have married out of their own free will and consent, the necessary protection shall be extended to them,” the court added.   

 

 

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