Jammu & Kashmir High Court – Srinagar Bench
Fatimah Khaliq And Another vs Union Territory Of J And K And on 24 February, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 176
Supplementary Cause list
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) 328/2026 CM(818/2026)
FATIMAH KHALIQ AND ANOTHER ...Appellant(s)/Petitioner(s)
Through: Mr. Bhat Khursheed, Advocate
Vs.
UNION TERRITORY OF J AND K AND
...Respondent(s)
OTHERS (POLICE / HOME)
Through: Ms. Maha Majeed, Advocate vice
Mr. Mohsin Qadri, Sr. AAG
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. Notice. Notice waived by Ms. Maha Majeed, Advocate appearing vice
Mr. Mohsin Qadri, learned Sr. AAG on behalf of official respondents.
3. Heard learned counsel for the petitioners.
4. Learned counsel for the petitioners has produced affidavit filed by Ms.
Rukhsana Shaheen, who is the first wife of the petitioner No. 2,
whereby the consent for the same has been given. The affidavit is taken
on record.
5. It is also stated in the affidavit duly sworn by petitioner No. 1 that it is
her second marriage and she has been divorced on 09.02.2023, a copy
of the compromise deed dated 09.02.2023, in respect of dissolution of
the first marriage has also been annexed by the petitioner No. 2 with the
petition.
6. The documents placed on record by the petitioner do disclose that they
have attained the age of majority and have entered into wedlock on
20.05.2023.
7. 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.
8. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR:
24.02.2026
“Adil Ismail”
