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2026 DAILYLAW 281 (JK)

MUKADAS JAN AND ANOTHER v. UNION TERRITORY OF J AND K AND OTHERS (POLICE / HOME)

WP(C)/195/2026 · 2026-02-12

Javed Iqbal Wani

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Supplementary list Sr. No. 82 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 195/2026 MUKADUS JAN AND ANR. ….. Petitioner(s) Through: - Mr. Waseem Raja Bhat, Advocate V/s UNION TERRITORY OF J AND K AND ORS. ….. Respondent(s) Through: - Mr. Mohsin Qadri, Sr.AAG with Ms.Maha Majid, Assisting counsel. CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 12.02.2026. 1. Upon coming up instant matter for consideration today in furtherance of order dated 10th February, 2026, Mr. Mohsin Qadri, Sr. AAG, in presence of Dr. Arshid Hussain-HOD, Government Psychiatric Diseases Hospital, Srinagar would produce Psychiatric evaluation report in compliance of order of this Court which for the sake of convenience and brevity is reproduced hereunder:- “On 11th February, 2026, as per directions of Hon’ble High Court, a medicolegal board was constituted by constituted by IMHANS-K. The case bearing registration No.13Y0362808 namely Muqadas Jan D/O Ali Mohammad R/O Pulwama, reported in front of the Standing Board at 12.05 Pm. After detailed history taking, mental status examination and physical examination, the individual was sent for psychological evaluation (Million’s Clinical Multi Axial Inventory- MCMI).On detailed history taking and mental status examination, her Judgment and Insight was found to be intact. On MCMI, she was found to have emotional instability, impulsivity, fluctuating self-image and problems in emotional regulation. She was also having need for attention and affirmation of self importance which indicated a combination of Borderline, narcissistic, negativistic personality features. She was not found to have any major psychiatric illness at the time of assessment by board”. 2. The report is taken on record. 3. In view of the aforesaid medical opinion in particular that Judgment and Insight of the petitioner 1 was found intact inasmuch as, having regard to the statement made by the petitioner 1 in the open Court that she has voluntarily, without any coercion, undue influence or misrepresentation, out of her freewill married the petitioner 2, this Court deems it appropriate to disposed of the petition in light of Judgment of Apex Court titled “Lata Singh v. State of UP. and anr., 2006 (5) SCC 475 wherein it has been observed 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 their life and liberty. Accordingly, petitioner 1 is free to live with petitioner 2. 4. The petition in view of above is disposed of, by providing that official respondents shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life. This order, however, shall not come in the way of the official respondents for investigation of FIR/criminal complaint, if any, filed against the petitioners.. 5. Disposed of along with connected CM(s). (Javed Iqbal Wani) Judge SRINAGAR 12.02.2026 “Abdul Rashid” Abdul Rashid Ganaie I attest to the accuracy and authenticity of this document :12.02.2026 15:01