Any Major Entitled To Contract Marriage: HC

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SRINAGAR — 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, State high court has said.

Disposing of a petition filed by a couple–Nazima had her husband, both from same religion- who entered into wedlock against parents wishes, a bench of Justice Sanjeev Kumar asked police to look into their grievance for providing them adequate security and ensure that nobody interferes in married life.

The couple had sought direction to police to provide them the protection as they apprehend danger to their lives.

They 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 . Their counsel referred to the decision of the Supreme Court in Lata Singh v. State of U.P. and anr. 2006, and submitted that in absence of there being any legal impediment, they are entitled to marry according to their choice and the police are duty bound to protect their life and liberty.

“In this view of matter, this petition is disposed of, at this stage, by providing that (police) shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in married life of the petitioners, if the petitioners approach them,” the court said and made it 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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