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2026 DAILYLAW 282 (JK)

NIGHAT HAMID AND ANR v. UNION TERRITORY OF J AND K TH.SSP GANDERBAL AND OTHERS

WP(C)/245/2026 · 2026-02-11

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 115 Supplementary Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 245/2026 NIGHAT HAMID AND ANR. …Appellant(s)/Petitioner(s) Through: Mr. Wani Manzoor, Advocate Vs. UNION TERRITORY OF J AND K TH. SSP GANDERBAL AND OTHERS. ...Respondent(s) Through: Mr. Waseem Gul, GA vice Mr. Mohsin Qadri, Sr. AAG CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 11.02.2026 1. 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 respondent, 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 “Lata Singh v. State of U.P. (2006) 5 SCC 475, and Shakti Vahini v. Union of India and others AIR 2018 SC 1601”. 2. Notice. Notice waived by Mr. Waseem Gul, learned Government Advocate appearing vice Mr. Mohsin Qadri, learned Sr. AAG on behalf of official respondents. 3. Heard learned counsel for the petitioners. 4. The documents placed on record by the petitioner do disclose that they have attained the age of majority and have entered into wedlock on 05.02.2026. 5. 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. 6. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 11.02.2026 “Adil Ismail”