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2026 DAILYLAW 482 (JK)

NUSRAT BASHIR AND ANOTHER v. UNION TERRITORY OF J AND K AND OTHERS (POLICE / HOME)

WP(C)/344/2026 · 2026-02-24

Moksha Khajuria Kazmi

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 172 Supp. Causelist HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C)/344/2026 NUSRAT BASHIR AND ANOTHER …Appellant(s)/Petitioner(s) Through: Mr. Syed Tajamul, Advocate Vs. UNION TERRITORY OF J AND K AND OTHERS ...Respondent(s) Through: CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 24.02.2026 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 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 “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. Heard learned counsel for the parties. 3. The documents placed on record by the petitioner do disclose that they have attained the age of majority and have entered into a wedlock on 7th of February, 2026. 4. 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. 5. The learned Registrar Judicial is directed to ensure that the petitions of this nature must accompany an affidavit filed by the petitioners to the effect that the marriage sought to be protected is their first marriage or otherwise. 6. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 24.02.2026 “Misba”