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2026 DAILYLAW 1209 (JK)

ABDUL MAJID MOOCHI AND ANOTHER v. UNION TERRITORY OF J AND K (HOME) AND OTHERS

WP(C)/978/2026 · 2026-05-05

Wasim Sadiq Nargal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No.155 Supp. Cause List HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 978/2026 CM(2566/2026) ABDUL MAJID MOOCHI AND ANOTHER ……...Petitioner(s) Through: Mr. Suhail Ahmad Mir, Advocate Versus Unio Territory of J&K and Ors. .……Respondent(s) Through: Mr. Jahangir Ahmad Dar, GA with Ms. Shaila Shameem, Advocate. CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 05.05.2026 1. The petitioners seek a direction to the official respondents to provide them the police protection as they apprehend danger to their lives from the private respondents. It is submitted that the petitioners are major and out of their free will, have contracted marriage. Copy of Nikahnama has been placed on record. The petitioners submit that since their marriage was solemnized against the wishes of the private respondents, as such, they are being harassed by them. 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. It is settled law that any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police authorities are duty bound to ensure protection to his/her life and liberty, if approached. However, it appears that the petitioners have not yet approached the official respondents for providing them such protection. 4. In view of the above, this writ petition is disposed of at this stage by providing that that the official respondents shall look into the grievance of the petitioners for providing them adequate security and ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage. 5. The Registrar Judicial of this Court shall verify from the concerned school(s) the certificates placed on record by the petitioners as their age proof, within a period of two weeks, whereupon a note shall be placed before this Court. 6. The writ petition is accordingly, disposed of in the manner indicated above. (WASIM SADIQ NARGAL) JUDGE Srinagar 05.05.2026 Sakeena