IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No. 319/2025 CMNo.(7203/2025) ALTAF HUSSAIN BHAT ...PETITIONER/APPELLANT(S) Through:-Mr. Ashiq Hussain Shah, Advocate Vs. UNION TERRITORY OF J AND K & OTHERS ...RESPONDENT(S) Through:-None CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 24.11.2025 1) The petitioner, who claims to be legally wedded husband of respondent No.10, has filed the present petition seeking a direction upon respondent No.4, SHO, Police Station, Lalpora Kupwara to produce respondent No.10 before this Court and to set her at liberty, whereafter her custody be given to the petitioner. 2) As per the case of petitioner, he has entered into the wedlock with respondent No.10 on 04.07.2024 in accordance with Muslim Personal Law. It has been submitted that the petitioner and his wife have been subjected to unnecessary harassment by official respondents at the behest of private respondents No.5 to 9, who happen to be the family members of respondent No.10. It has been submitted that the petitioner filed a civil suit against the private respondents before the Court of learned Munsiff, Sr. No.11 Regular List HCP No.319/2025 2 | P a g e Sogam and an interim order came to be passed by the said Court on 10.10.2025, whereby the private respondents were directed not to cause any interference with the matrimonial relationship of the petitioner and respondent No.10. However, in utter disregard of the said order, the private respondents, while respondent No.10 was attending the Court at Sogam forcibly took her custody and confined her at an undisclosed location against her will which amounts to an offence. 3) Vide order dated 04.11.2025 passed by this Court a direction was issued to respondent, SHO Police Station Lalpora Kupwara to produce respondent No.10 before this Court. Pursuant to the said order respondent No.10 was produced before this Court on 12.11.2025 and on the said date she was given time to reflect, so as to enable her to make proper statement before this Court. 4) Today, respondent No.10 has appeared before this Court and her statement has been recorded by the Registrar Judicial of this Court. In her statement respondent No.10 has deposed that she has entered into wedlock with the petitioner out of her own free will and volition without any compulsion. She has further stated that her mother, brother and maternal uncle are not satisfied with this marriage. She has gone on to state that she has not been kidnapped or forcibly taken away by the petitioner but she is living a peaceful matrimonial life with her husband, the petitioner herein. 5) The petitioner has filed the date of birth certificate of respondent No.10 issued by J&K Board of School Education which shows that she HCP No.319/2025 3 | P a g e was born on 07.10.2007. Thus, as on date she is more than 18 years of age. Keeping in view that the petitioner has attained the age of majority and a major person is at liberty to enter into wedlock with a person of his/her choice or to live with a person of his/her choice, respondent No.10, who is present in Court, is allowed to go with any person of her choice and she is also free to accompany the petitioner if she chooses to do so. 6) The petition is disposed of accordingly. (SANJAY DHAR) JUDGE SRINAGAR 24.11.2025 Sarveeda Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 25.11.2025 17:53