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2026 DAILYLAW 1801 (JK)

NARGIS MANZOOR AND ANOTHER v. UNION TERRITORY OF J AND K (HOME) AND OTHERS

WP(C)/1522/2026 · 2026-07-03

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No.127 Regular cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … WP(C) No.1522/2026 CM No. 3966/2026 Nargis Manzoor and Another ……...Petitioner(s) Through: Mr. Shahrukh Dar, Advocate Versus Union Territory of J and K and Others ……Respondent(s) Through: CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 03.07.2026 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 06.12.2025 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 is placed on the copy of 10th Class Qualification Certificate issued by Jammu and Kashmir State Board of School Education, Srinagar, which indicates the date of birth of petitioner as 06.04.2002. 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. (MOKSHA KHAJURIA KAZMI) JUDGE Srinagar 03.07.2026 “Shaista”