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2025 DAILYLAW 6553 (JK)

SHAYISTA YOUSUF AND ANR. v. UNION TERRITORY OF J AND K AND ORS. (HOME)

WP(C)/512/2025 · 2025-04-25

Rahul Bharti

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S. No. 106 Suppl list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C)/512/2025 SHAYISTA YOUSUF AND ANR …Petitioner/Appellant(s) Through: Mr. Aushaq Hussain, Advocate. Vs. UNION TERRITORY OF J AND K AND ORS. (HOME) ...Respondent(s) Through: Mr. Faheem Shah, GA. CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE O R D E R 25.04.2025 1. Vide an order dated 26.03.2025, this court came to subject the petitioner No. 1 Mst. Shayista Yousuf to medical examination with respect to determination and assessment of her age. 2. Medical Superintendent, the Government SMHS Hospital, Srinagar vide his communication No. MB/SMHS/655 dated 23.04.2025 has come forward placing on record the medical examination of the petitioner caried out by the Standing Medical Board of the Government SMHS Hospital, Srinagar in which it has come to be confirmed that the approximate age of the petitioner is 22 years and that confirms the fact that the petitioner is no more minor as against the certificate which came to be given by the Headmaster Government High School Bonzanlgam, Budgam to the SHO Police Station Parimpora bearing No. HSB/G/2025 dated 07.03.2025 stating therein that as per the school record the recorded date of birth of petitioner No. 1 is 06.03.2009 by which the petitioner was supposed to be below sixteen years of age. 3. This court is satisfied with the age of the petitioner being surely above 18 years of age and therefore she is entitled to her free will and volition in the matter. 4. Today both the petitioners 1 & 2 are present in the court and they are maintaining their resort to goforward as husband and wife and are entitled to have protection from this court. 5. Therefore, this court disposes of this writ petition with respect to the petitioners’ prayer by directing the SSPs Budgam/Srinagar and SHOs of Police Station Panzoo/Beerwah Budgam/Shaltang Srinagar and Parimpora Srinagar to ensure that the petitioners are not disturbed by any of their family members with respect to the marital status of the petitioners as husband and wife and any case registered at the instance of family members of the petitioners be it petitioner No. 1 or 2 in any the Police Station above referred, the same shall not become subject matter of the investigation except the closure, given the fact that the petitioners have not committed any culpable act amounting to any offence by taking self call to marry each other. 6. The petition to this effect is disposed of in terms of the above. 7. This Court to pass separate order with respect to the directions of installation of the necessary securities measures in or outside the Court premises on account of the incident which came to be reflected by this Court in terms of order dated 12th March, 2025. 8. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 25.04.2025 Mubashir