Najma And Another vs Union Territory Of J And K And Ors on 22 April, 2025

Jammu & Kashmir High Court – Srinagar Bench

Najma And Another vs Union Territory Of J And K And Ors on 22 April, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                          S. No. 04
                                                          Regular

    IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT SRINAGAR

                   WP(C) 852/2025 CM(2226/2025)

NAJMA AND ANOTHER                                           ...Petitioner(s)

Through: Mr. Asif Iqbal, Advocate

                                    VS.

UNION TERRITORY OF J AND K AND ORS                     ...RESPONDENT(S)

Through: Ms. Nadiya Abdullah, Assisting Counsel vice
         Mr. Mohsin Qadri, Sr. AAG
CORAM:
HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                               ORDER

22.04.2025

1. The petitioners claim to be major having solemnized their marriage

in accordance with the Shariat Law as per their own will and

volition. It is submitted that Nikah Nama was executed on

08.04.2025 in presence of witnesses. The petitioners submit that they

apprehend interference from the respondents. With a view to

substantiate their claim that the petitioner No. 01 is major, reliance

has been placed on the copy of Class 8th Marks Certificate issued by

District Institute of Education and Trainings, Government of Jammu

& Kashmir wherein the age of the petitioner has been shown as

12.07.2003.

2. Learned counsel for the petitioners refers to the decision of the

Supreme Court in “Lata Singh v. State of U.P. and Anr“, 2006 (5)

SCC 475, and submits 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 the life

and liberty of the petitioners.

3. Having gone through the contention of the learned counsel for

petitioners and the material placed on record, prima facie it appears

that petitioner No. 01 is a major and has solemnized her marriage

with petitioner No. 02 out of her own will and volition. Both the

petitioners are before this Court and have made a statement that they

have solemnized their marriage out of their own will and volition and

that they are still together as husband and wife. If that be the

position, nobody including the police has a right to interfere in their

peaceful married life.

4. This petition is disposed of by providing that none of the respondents

including the police shall interfere or cause any interference in the

married life of the petitioners. This direction has been given by this

Court after having been satisfied that both the petitioners are major

and have solemnized their marriage out of their free will and

volition.

5. Disposed of.

(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
22.04.2025
Aamir

Amir Rashid Sofi
I attest to the accuracy and
authenticity of this document
23.04.2025 10:15