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2026 DAILYLAW 2787 (JK)

AIJAZ AHMAD MIR AND ANOTHER v. UNION TERRITORY OF J AND K (HOME) AND OTHERS

WP(C)/2186/2026 · 2026-09-07

Rajnesh Oswal

Writ Petition (Civil)body2026

Judgment text

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35 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2186/2026 AIJAZ AHMAD MIR AND ANOTHER ….. Petitioner(s) Through: Mr. Jamsheed Bhat, Adv. UNION TERRITORY OF J AND K (HOME) AND OTHERS .. Respondent(s) Through: Coram: Hon’ble Mr. Justice Rajnesh Oswal, Judge ORDER 07.09.2026 1. The petitioners seek a direction to respondents to provide them the police protection as they apprehend danger to their lives from respondent No. 4. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama as well as the date of birth certificate of petitioner No. 1 have been placed on record. They submit that since they have contracted the marriage against the wishes of the parents of petitioner No.2, as such, they are facing harassment at their hands. 2. Learned counsel for the petitioners refers to the decision of the Supreme Court in Lata Singh v. State of UP. and anr., 2006 (5) SCC 475, and submits that in absence of there being any legal P a g e | 2 WP(C) 2186/2026 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. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them. 4. In this view of the matter, the petition is disposed of, at this stage, by providing that the respondent No. 1 to 3 shall look into the grievance of the petitioners and if the grievances are found to be correct then to provide them adequate security and to ensure that nobody interferes in their married life. It is made clear that no opinion has been expressed with regard to the validity of their marriage. 5. The writ petition is, accordingly, disposed of. (Rajnesh Oswal) Judge SRINAGAR 07.09.2026 Aasif