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2026 DAILYLAW 2325 (JK)

MARYAM RASOOL AND ANOTHER v. UNION TERRITORY OF J AND K AND OTHERS (HOME)

WP(C)/1760/2026 · 2026-07-28

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

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Serial No. 9 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) No. 1760/2026 Maryam Rasool and Anr. ….. Appellant/petitioner(s) Through: - Mr. Bhat Khursheed, Advocate V/S UT of J&K and Ors. ….. Respondent(s) Through: - Ms. Maha Majeed, AC vice Mr. Mohsin Qadri, Sr. AAG CORAM: HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE (ORDER) 28.07.2026 01. In terms of the order dated 24.07.2026, learned counsel for the petitioners was directed to place on record authentic documentary proof in support of the age of petitioner No. 1. Today, learned counsel has produced a copy of the Secondary School Examination (10th Class) Certificate issued by the Jammu and Kashmir Board of School Education (JKBOSE), which reflects the date of birth of petitioner No. 1 as 10.11.2005. Copy of the said certificate is taken on record. 02. Petitioners are stated to have solemnized marriage out of their volition against the wishes of their respective families, who are now bent upon to disturb their marital life. Apprehending arrest by the police concerned, at the instance of private respondents, the petitioners have approached this court to seek protection to their life and liberty in application of the ratio laid down by the Apex Court in case titled Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document “Lata Singh v. State of U.P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India and others AIR 2018 SC 1601”. 03. Notice. Notice is waived by Ms. Maha Majeed, learned assisting counsel on behalf of official respondents. 04. Heard learned counsel for the parties. 05. The documents placed on record by the petitioners do disclose that they have attained the age of majority and have entered into a wedlock on 17.07.2026. Learned counsel for the petitioners’ states that it is the first marriage of petitioners. 06. Having regard to the ratio laid down by the Apex court in the judgment supra, as also the averments taken in the memo of petition, the petition is allowed and the official respondents are directed not to interfere with the petitioners’ marital life. This order shall not, however, be construed as an acknowledgment of the validity of marriage of the petitioners and any dispute in respect thereof would be independent of the directions passed herein above. 07. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR 28.07.2026 “Mohammad Yasin Dar” Mohammad Yaseen Dar I attest to the accuracy and authenticity of this document