IN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU WP (C)NO. 2020 CMNO. __/2020 ig Singh, Age 21 years S/o Sh. Sher Singh Nv a Devi alias Toshi Devi, Age 22 years W/o Sh. Sohan Singh D/o Sh. Shatter Singh Both residents of Kanthi, Kanthan, Tehsil Arnas District Reasi eereed PETITIONERS VERSUS 1. Union Territory of Jammu and Kashmir, through Director General of Police, Police Headquarters, Jammu. 2. THE SENIOR SUPERINTENDENT OF POLICE (SSP), Reasi. . THE SHO, POLICE STATION, Reasi. . THE INCHARGE POLICE POST Talwara, District Aw Reasi. _ THE SHO POLICE STATION, Arnas, District Reasi. nun . Shatter Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi . Surjit Singh S/o Sh. Shatter Singh R/o Talwara, Tehsil and District Reasi 8. Mohan Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi NI- Balveer Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi 1¢ Shakuntla Devi D/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi 11. Puri Singh H/o Smt. Shakuntla Devi R/o Talwara, Tehsil and District Reasi ..-RESPONDENTS IN THE MATTER OF: - Writ petition under Article 226 of the Constitution of India for the issuance of an appropriate writ, order or direction including in the nature of: - A. MANDAMUS- I. commanding the respondent No. 2 to 5 to provide adequate security cover to the petitioners, who have solemnized marriage contrary to wishes of respondent No.6 to 11 and their relatives, who are extending open threats to the petitioners. Il, Commanding the respondents 2 to 5 to ensure that no harassment be caused to the petitioners at the behest of respondent No.6 to 11 and their relatives, who are bentupon to inflict damage to the petitioners for solemnizing marriage contrary to the wishes of respondent No.6 to 11 and their relatives. I . Commanding the respondent No.6 to 11 and their relatives not to interfere in the marital life of the petitioners who have solemnized the marriage as per Hindu Law, rites and customs with their free consent and desire and without any pressure, threat or coercion. Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case. MAY IT PLEASE YOUR LORDSHIPS; The petitioners most respectfully submit as under:- 1. That the petitioners are permanent residents of Union Territory of Jammu and Kashmir and are also the citizens of India as such they are competent to invoke the extra ordinary writjurisdiction of this Hon’ble Court as guaranteed under Part-III of the Constitution of India. 2. That the petitioners were having the love affair and they have decided to convert their love affair into marital knot. Both the petitioners apprised their respective parents about their love affair and requested them to allow the petitioners to marry with each other. The parents of the petitioner No.1 agreed to the proposal made by the petitioners but the parents of the petitioner No.2 outrightly rejected the proposal of the petitioners, even the respondent No.6 to 11 threatened the petitioner No.1 that in future if the petitioner No.1 even tried to see the petitioner No.2, he will get eliminated by respondent No.6 to 11 and their men. That both the petitioners are major by age. Copies of the Grade Card issued by the Secretary Jammu & Kashmir State Board of School Education under Reg. No. N12140200014 of petitioner No.1 and Registration Card and Grade Card both bearing Reg. No.J-13N-JRFO0591 of petitioner No.2 issued by the Secretary Jammu & Kashmir State Board ofSchool Education are enclosed herewith and collectively marked as ANNEXURE-I. 3. That constrained by the above mentioned situation both the petitioner No.l and 2 being capable of understanding their well-being executed Marriage Agreement dated 28' day of January, 2020 which was duly registered before the Notary Public, Jammu. Thereafter both the petitioners have solemnized the marriage in accordance with Hindu rites and customs at Arya Samaj Purani Mandi, Jammu on 28-01-2020. Copies of Marriage Agreement and Marriage Certificate are enclosed herewith and marked as ANNEXURE-II collectively for the kind perusal of this Hon’ble Court. 4.That after the solemnization of the marriage between the petitioners, the respondent No.6 to 11 and their relatives were continuously threatening the petitioners for solemnizing the marriage against the wishes and consent of the respondent No.6 to 11 and their relatives. The respondent No.6 to 11 and their relatives had also threatened thepetitioners that they will eliminate both the petitioners. The lives of the petitioners have been made miserable by the respondent No.6 to 11 and their relatives as both of them had got married against their wishes. The marriage between the petitioners is eyesore for respondent No.6 to 11 and their relatives as the marriage between the petitioners is not acceptable to them. 5. That the movement of the petitioners has been restricted in view of the continuous harassment and threat perception at hands of respondent No.6 to 11 and their relatives as they have openly declared that they will kill both the petitioners in order to satisfy their ego. The petitioners are innocent and have solemnized the marriage with their own choice and aggrieved of the unnecessary threats and harassment made by _ private respondent No.6 to 11 and _ their relatives, the petitioners have no other option but to approach this Hon’ble Court.6. That there is immense danger to the life of petitioners at the hands of respondent No.6 to 11 and their relatives and in this eventuality petitioners are required to be given the adequate security cover so that the fear psychosis is removed. 7. That the Hon’ble Apex Court in — similar circumstances laid down the law in much published case of Lata Singh V/s State of U.P and Anr. (2006) 5 Supreme Court cases Page 475 wherein the Apex Court issued certain general directions and got the same circulated to the entire Police Machinery in the Country to ensure that no harassment is meted out to those who marry inter- caste or according to their will. The case of the petitioners is fully covered under the aforesaid proposition of law and thus the appropriate directions are required to be issued to the Police Agency to ensure that no further harassment is caused to the petitioners at the hands of private respondent No.6 to 11 and their relatives.8 That the petitioners have not filed any other writ petition seeking similar relief in any court of India including Supreme Court of India. IN THE PREMISES: It is, therefore, most respectfully prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, your Lordships may very kindly be pleased to issue appropriate writ order or direction in the nature of:- MANDAMUS- I) commanding the respondent No. 2 to 5 to provide adequate security cover to the petitioners, who have solemnized marriage contrary to wishes of respondent No.6 to 11 and their relatives, who are extending open threats to the petitioners. Il) Commanding the respondents No.2 to 5 to ensure that no harassment be caused to the petitioners at the behest of respondent No.6 to 11 and their relatives, who are bent upon to inflict damage to the petitioners for solemnizing marriage contrary tothe wishes of respondent No.6 to 11 and their relatives. I) Commanding the respondent No.6 to 11 and their relatives not to interfere in the marital life of the petitioners who have solemnized the marriage as per Hindu Law, rites and customs with their free consent and desire and without any pressure, threat or coercion. Prayer for the grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case. An affidavit in support of the writ petition is enclosed herewith. PETITIONERS SOHAN SINGH & ANR (Mb No.8082638671) Dated:- 29-01-2020 Place:- Jammu THROUGH COUNSEL ADVOCATESIN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Singh and anr V/S UT of J&K and ors IN THE MATTER OF: APPLICATION FOR INTERIM RELIEF MAY IT PLEASE YOUR LORDSHIPS; The petitioners/applicants most respectfully submit as under: - 1. That the petitioners have filed the above titled writ petition before this Hon’ble Court which is sure to succeed on merits. 2. That the averments made in the writ petition may be read as part and parcel of this petition also in order to avoid repetition and for the sake of brevity. 3. That the petitioners have a prima-facie case and the balance of the convenience is also lies in favour of the petitioners.4. That in case the relief prayed in the application is not granted in favour of the petitioners, the petitioners shall suffer an irreparable loss and harm which will not be compensated latter on by any mode. 5. That it will be in the interest of justice that the relief prayed in this application be granted in favour of the petitioners and against the respondents. An affidavit in support of the application is enclosed herewith. It is, therefore, prayed that keeping in view the submissions made hereinabove and those to be urged at the time of hearing, your Lordships may very kindly be pleased to direct the official respondents to protect the life and liberty of the petitioners by granting police protection to the petitioners or in the alternative, may kindly direct the respondent No. 2 to 5 to make sure that respondent no.6 to 11 or any other person will notinterfere into the peaceful married life of the petitioners The Hon'ble Court may further be pleased to grant any other interim or final relief as may be deemed appropriate in the circumstances of the case. An affidavit in support of the writ petition is enclosed herewith. PETITIONERS THROUGH COUNSEL Dated:- 29-01-2020 PLACE:- JAMMU ADVOCATEL ” N THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Singh and anr V/S UT of J&K and ors IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF WRIT PETITION. 1, > Singh, Age 21 years S/o Sh. Sher Singh R/o Kanthi, Kanthan, Tehsil Arnas District Reasi, do hereby state on oath/solemn affirmation that I have read the writ petition and that the contents of paras No.1 to 7 of the writ petition are true to my personal knowledge and those of para No.8 is true upon legal advice received by me which I believe to be true. I solemnly swear/affirm that this affidavit is true, no part of this is false and nothing has been concealed. Place:- Jammu Dated:- 29-01-2020 DEPONENTIN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU Singh and anr v/s UT of J&K and ors IN THE MATTER OF: - AFFIDAVIT IN SUPPORT OF CM I, Sohan Singh, Age 21 years S/o Sh. Sher Singh R/o Kanthi, Kanthan, Tehsil Arnas District Reasi, do hereby state on oath/solemn affirmation that I have read the CM and that the contents of paras No.1 to 5 of the CM are true to my personal knowledge and those of prayer is true upon information received from my counsel which I believe to be true and those of paras 1 to 5 are true upon information received from the records which I believe to be true and those of prayer is true upon legal advice received by me which I believe to be true. I solemnly swear/affirm that this affidavit is true, no part of this is false and nothing has been concealed. Place:- Jammu Dated:- 29-01-2020 DEPONENTIN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU WP(C)NO. _—/2020 CM NO. _/2020 Singh and anr v/S UT of J&K and ors IN THE MATTER OF: - INDEX Ss. NO. PARTICULARS PAGE NOS. 1 Urgency Memo 2 Memo of parties Se List of Dates and Events 4. WRIT PETITION WITH AFFIDAVIT IN SUPPORT 5. ANNEXURE-I Copies of the Grade Card issued by The Jammu & Kashmir State Board of School Education under Reg. No. N12140200014 of petitioner No.1 and Registration Card and Grade Card both bearing Reg. No.J-13N- JRFOO0S91 of petitioner No.2 issued by the Secretary Jammu & Kashmir State Board of School Education 6. ANNEXURE-II Copies of the Marriage Agreement and Marriage Certificate ue APPLICATION FOR INTERIM RELIEF WITH AFFIDAVIT IN SUPPORT 8. Meta Data Form oF Vakalatnama Filed by:- Dated:-29-01-2020 Place:- Jammu ADVOCATEIN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU WP(C)NO.__—/2020 CMNO.___/2020 and anr vV/S UT of J&K and ors IN THE MATTER OF:- ~~ ATK MATTER OF Memo of urgency. MAY IT PLEASE YOUR LORDSHIPS, The petitioners above named respectfully submit as under:- 1. That the petitioners have filed the above titled petition alongwith application for interim relief in this Hon’ble Court which has sure chances of success on its merits. 2. That the matter involved in the writ petition as also in the application for grant of interim relief is of emergent nature and in case the same is not taken up for consideration today itself, the very purpose of filing the petition shall become in- fructuous and the petitioners shall suffer an irreparable loss and injury. In view of the submissions made hereinabove, it is, therefore, prayed that the writ petition along with application for interim relief may very kindly be taken up for consideration today itself in the interest of the justice. PETITIONERS THROUGH COUNSEL Dated:- 29-01-2020 Place:- Jammu ADVOCATEIN THE HON’BLE HIGH COURT OF JAMMU AND KASHMIR aT Dated:- 29-01-2020 JAMMU WP (C) NO. /2020 CM NO. __/2020 1. Age 21 years Singh ee * Devi alias Toshi Devi, Age 22 years Sohan Singh D/o Sh. Shatter Singh Both residents of ~ ~ Kanthan, Tehsil Arnas District Reasi peers PETITIONERS VERSUS . Union Territory of Jammu and Kashmir, through Director General of Police, Police Headquarters, Jammu. . THE SENIOR SUPERINTENDENT OF POLICE (SSP), Reasi. . THE SHO, POLICE STATION, Reasi. . THE INCHARGE POLICE POST Talwara, District Reasi. . THE SHO POLICE STATION, Arnas, District Reasi. “~ "=~ Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi “ Singh S/o Sh. Shatter Singh R/o Talwara, Tehsil and District Reasi “* "= Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi .” ‘ r Singh S/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi “r-t=- "* Devi D/o Sh. Mast Ram R/o Talwara, Tehsil and District Reasi “~~ Singh H/o Smt. Shakuntla Devi R/o Talwara, Tehsil and District Reasi +-RESPONDENTS PETITIONERS THROUGH COUNSEL Place:- Jammu ADVOCATEIN THE HON'BLE HIGH COURT OF JAMMU AND KASHMIR AT Jammu WP(C) NO. __/2020 CM NO. _/2020 Singh and anr v/S UT of J&K and ors IN THE MATTER O) OO LIST OF DATES AND EVENTS S.No. Dates ts 1 28-01-2020 | Petitioner No.1 and 2 being capable }of understanding their well-being |executed Marriage Agreement dated 28'» day of January, 2020 which was duly registered before the Notary | Public, Jammu. — J l2 | 28-01-2020 | Thereafter both the petitioners have solemnized the marriage in accordance with Hindu rites and customs at Arya) | Samaj Purani Mandi, Jammu on 28-01- | | __| 2020. _ | | That after the solemnization of the | | marriage between the petitioners, the respondent No.6 to 11 and_ their relatives weré continuously threatening | the petitioners for solemnizing the | marriage against the wishes end | consent of the respondent No.6 to 11 and their relatives. The respondent No.6 to 11 and their relatives had also | threatened the petitioners that he will | eliminate both the petitioners. The lives | of the petitioners have been made miserable by the respondent No.6 to 11 | and their relatives as both of them had got married against their wishes. The | marriage between the petitioners is) eyesore for respondent No.6 to 11 and their relatives as the marriage between the petitioners is not acceptable to them. ___ PETITIONERS THROUGH Dated:-29-01-2020 COUNSEL Place:- Jammu ADVOCATE