IQRA SAJAD AND ANR v. UNION TERRITORY OF J AND K (HOME) AND ORS
WP(C)/777/2025 · 2025-04-07
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 6874 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6874 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 122 Suppl.
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR (Through Virtual Mode)
WP(C) 777/2025, CM No. 1954/2025
IQRA SAJAD & ANOTHER …Petitioner(s) Through: Mr. Sheikh Imtiyaz, Advocate
VS.
UT OF J&K AND ORS ...RESPONDENT(S) Through:
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 07.04.2025
1. The petitioners claim to be major having solemnized their marriage in accordance with the Shariat Law as per their own will and volition. It is submitted that Nikah Nama was executed on 02.03.2025 in presence of witnesses. The petitioners submit that they apprehend interference from the respondents. With a view to substantiate their claim that the petitioner No. 01 is major, reliance has been placed on the copy of Class 10th Grade Card issued by Jammu & Kashmir Board of School Education wherein the age of the petitioner has been shown as 17.02.2006.
2. Learned counsel for the petitioners refers to the decision of the Supreme Court in “Lata Singh v. State of U.P. and Anr”, 2006 (5) SCC 475, and submits that in absence of there being any legal impediment, the petitioners are entitled to marry according to their choice and the official respondents are duty bound to protect the life and liberty of the petitioners.
3. Having gone through the contention of the learned counsel for petitioners and the material placed on record, prima facie it appears that petitioner No. 01 is a major and has solemnized her marriage with petitioner No. 02 out of her own will and volition. Both the petitioners are before this Court and have made a statement that they have solemnized their marriage out of their own will and volition and that they are still together as husband and wife. If that be the position, nobody including the police has a right to interfere in their peaceful married life.
4. This petition is disposed of by providing that none of the respondents including the police shall interfere or cause any interference in the married life of the petitioners. This direction has been given by this Court after having been satisfied that both the petitioners are major and have solemnized their marriage out of their free will and volition.
5. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE SRINAGAR 07.04.2025 Aamir Amir Rashid Sofi I attest to the accuracy and authenticity of this document 10.04.2025 12:57