Jammu & Kashmir High Court – Srinagar Bench
Nisha Devi vs Ut Of J&K And Ors on 2 April, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 88
Supplementary List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 631/2026
Nisha Devi
..... Appellant/petitioner(s)
Through: -
Mr. Rayees Maqbool, Advocate
V/S
UT of J&K and Ors.
..... Respondent(s)
Through: –
Ms. Maha Majeed, AC vice Mr. Mohsin Qadri, Sr. AAG
CORAM:
HON’BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
(ORDER)
02.04.2026
01. Petitioners present in person, state that they have married before one
year, out of the said wedlock, one female child was born and they are
living happily as husband and wife. However, petitioners further state
that they 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″.
02. Notice. Notice waived by Ms. Maha Majeed, learned assisting counsel
on behalf of official respondents.
03. Heard learned counsel for the parties.
04. The documents placed on record by the petitioners do disclose that
they have attained the age of majority and have entered into a wedlock
on 12.01.2025. Learned counsel for the petitioners’ states that the
petitioners are entering into a wedlock for the first time and have not
contracted any marriage prior to this.
05. 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.
06. 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.
07. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
02.04.2026
“Mohammad Yasin Dar”
