YASMEENA BANO AND ANR. v. UNION TERRITORY THROUGH DIRECTOR GENERAL OF POLICE AND ORS. (HOME)
WP(C)/861/2025 · 2025-04-21
Moksha Khajuria Kazmi
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 6972 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6972 (JK) · dailylaw.ai ]
Judgment text
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S. No. 14 Regular
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP(C) 861/2025 CM(2245/2025)
Yasmeena Bano And Anr …Petitioner(s) Through: Mr. Mohammad Saleem, Advocate
VS. Union Territory And Ors ...RESPONDENT(S) Through: Ms. Nadiya Abdullah, Assisting Counsel vice Mr. Mohsin Qadri, Sr. AAG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 21.04.2025
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 22.12.2024 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 9th Class marks certificate issued by Government High School, Gundchubutra, Qaziabad wherein the age of the petitioner has been shown as 06.01.2002.
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 21.04.2025 Aamir
Amir Rashid Sofi I attest to the accuracy and authenticity of this document 22.04.2025 10:35