SAMEERA KOUSER v. UNION TERRITORY OF JAMMU AND KASHMIR TH PRINCIPAL SECRETARY HOME AND OTHERS
HCP/173/2025 · 2025-12-30
Mohd Yousuf Wani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10039 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10039 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
HCP No. 173/2025 CM No. 8537/2025
Sameera Kouser
…..Petitioner(s)
Through: Mr. Arshad Majid Malik, Advocate
Vs
UT of J&K and Ors.
.…. Respondent(s)
Through: Mr. P. D. Singh, Dy. AG
Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE
ORDER 30.12.2025
01. Heard.
02. In the facts and circumstances of the case, filing of the instant petition in terms of the provisions of Article 226 of the Constitution of India does not seem to be proper. The petitioner alleges the confinement of her minor daughter by the private respondents 6 to 10, who are none but the father and other paternal relatives of the minor. The petitioner has an efficacious and proper remedy in terms of the provisions of Guardians and Wards Act in the circumstances of the case. She can also invoke the provisions of Section 100 BNSS by way of an emergent step through the medium of a proper petition filed before a Competent Magistrate for consideration under law.
03. The instant petition is, accordingly, dismissed with liberty to the petitioner to seek the appropriate remedy as hereinbefore referred to.
04.
Disposed of.
(Mohd. Yousuf Wani) Judge Jammu 30.12.2025 Riya Kochhar
Sr. No. 115