Jammu and Kashmir High Court
WP(C)/2379/2026 of MISBAH AYOUB AND ANOTHER Vs UNION TERRITORY OF J AND K (HOME0 AND OTHERS on 21 September 2026
No.137 Supp. Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2379/2026 CM(6462/2026) MISBAH AYOUB AND ANOTHER …Petitioner(s)/Appellant(s). Through: Mr. Amtul Basit Deva, Advocate Vs. UNION TERRITORY OF J AND K (HOME0 AND OTHERS ...Respondent(s). Through:
Serial No.137
Supp. Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 2379/2026
CM(6462/2026)
MISBAH AYOUB AND ANOTHER
…Petitioner(s)/Appellant(s).
Through:
Mr. Amtul Basit Deva, Advocate
Vs.
UNION TERRITORY OF J AND K
(HOME0 AND OTHERS
...Respondent(s).
Through:
CORAM: HON’BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
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ORDER
21.09.2026
1. The petitioners seek a direction to respondents 1 to 3 to provide them the police protection as they apprehend danger to their lives from respondents 4 and 5. It is submitted that the petitioners are major and out of their free will they got married. Copy of Nikahnama has been placed on record. They submit that since they have contracted the marriage against the wishes of the respondents 4 to 5, as such, they are facing harassment at their hands.
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. Any person having attained the age of majority is entitled to contract the marriage as per his/her wishes and the police department is duty bound to protect the life and liberty, if approached. However, it appears that the petitioners have not ever approached the official respondents for their indulgence in the matter for providing protection to them.
4. In this view of the matter, this petition is disposed of, at this stage, by directing that the respondents 1 to 3 shall look into the grievance of the petitioners for providing them adequate security and to ensure that nobody interferes in their married life, if they approach them. It is made clear that no opinion has been expressed with regard to the validity of their marriage.
5. However, petitioners are directed to produced the original documents before the learned Registrar Judicial, Srinagar, during the course of one week, who shall verify the same whether the petitioners are major or not. In case it is found that the petitioners are major then the directions passed hereinabove shall extended.
6. However, the petitioners are directed to produce the original documents before the learned Registrar Judicial, Srinagar, within one week, who shall verify the same for the purpose of ascertaining whether the petitioners have attained the age of majority. In case the petitioners are found to have attained the age of majority, the directions passed hereinabove shall stand extended. In case either of the petitioners is found to be a minor, the said directions shall not be extended.
7. The writ petition is, accordingly, disposed of.
(WASIM SADIQ NARGAL)
JUDGE SRINAGAR 21.09.2026 “Mubashir “