Jammu and Kashmir High Court

WP(C)/2315/2026 of RUBIA KOUSER AND ANOTHER Vs UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS on 28 July 2026

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118 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Uploaded on: 28.07.2026 Case No. WP(C) No. 2315/2026 Tttttttttt CM No.4997/2026 Rubia Kouser and Anr. ….. Petitioner(s)… Through: Mr. Ankit Sharma, Advocate q vs UT of J&K and ors. …. Respondent(s)… Through:

Sr. No. 118

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

Uploaded on: 28.07.2026

Case No. WP(C) No. 2315/2026

CM No.4997/2026

Rubia Kouser and Anr.

….. Petitioner(s)…

Through: Mr. Ankit Sharma, Advocate

q

vs

UT of J&K and ors.

…. Respondent(s)…

Through: Mrs. Monika Kohli, Sr. AAG with Ms. Sagira Jaffer, Advocate

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

28.07.2026

01. It is contended that petitioner No. 1 is a divorcee and, after the completion of the Iddat period, of her own free will, volition, and consent, made an offer of marriage to petitioner No. 2. A copy of the notarized deed of divorce has been annexed with the writ petition.

02. The grievance of the petitioners is that being majors, they have solemnized their marriage as per Muslim rites on 08.06.2026 with their free will and without any pressure, threat or coercion. Learned counsel for the petitioners submits that their relatives are continuously harassing and threatening the petitioners of dire consequences despite knowing the fact that the petitioners have solemnized their marriage. The petitioners have raised an apprehension of a threat to their life at the hands of their relatives.

2 WP(C) No. 2315/2026

In support of their claim regarding their age, petitioner No.1 has placed on record her registration card issued by the J&K State Board of School Education, Rehari Colony, Jammu (J&K) as well as Adhar card whereas petitioner No.2 has placed on record his pan card and adhar card. The petitioners have also placed on record a copy of Nikaahnama in support of their claim that they have solemnized their marriage.

03. Without commenting upon the validity of the marriage, this writ petition is disposed of at this stage with a direction to the petitioners that in the event they apprehend any threat to their life and liberty at the hands of their relatives, they shall approach respondent No. 4, i.e., SHO, Police Station, Poonch, who shall look into the grievance of the petitioners and if found genuine, the respondent No.4 shall provide protection to the petitioners against the threats from their relatives. It is, however, made clear that this order shall not be construed as a stamp of approval of the marriage solemnized between the petitioners, nor shall it come in the way of any investigation, if any FIR has been registered.

03. Disposed of as above along with connected CM(s).

(RAJNESH OSWAL)

JUDGE

Jammu 28.07.2026 Madan Verma-Secy

Whether the order is speaking:

Yes

Whether the order is reportable:

No MADAN LAL VERMA 2026.07.28 17:15 I attest to the accuracy and integrity of this document

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