Jammu & Kashmir High Court
Keshav Verma And Another vs Union Territory Of J&K And Others on 22 May, 2026
Sr. No. 237
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
(Through Virtual Mode)
Case: WP(C) No.1507//2026
Keshav Verma and another ...Petitioner(s)
Through: Mr. Rohit Chandan, Advocate
VS.
Union Territory of J&K and others ...Respondent(s)
Through: Mrs. Monika Kohli, Sr. AAG
CORAM:
Hon'ble Mr. Justice Mohd. Yousuf Wani, Judge.
ORDER
22.05.2026
01. Petitioners are present in person too.
02. Through the medium of the instant petition, filed under Article 226 of the
Constitution of India, the petitioners have sought the issuance of writs/directions in
the nature of:-
a) Mandamus for commanding upon the official respondents 1 to 3 to
provide adequate protection to them, who have solemnized marriage
contrary to the wishes of private respondents 4 to 6 and also of their
other relatives, who are extending open threats to them.
b) Mandamus for commanding the official respondents to ensure that no
harassment is caused to them at the hands of private respondents and
their other relatives, who are hell bent upon inflicting the physical
injury to them for having solemnized marriage against their wishes.
2 WP(C) 1507/2026
c) The petitioners have also prayed for issuance of any other writ, order
or direction which this Court may deem fit and proper in the facts and
the circumstances of the case.
03. It is the case of the petitioners that they being major have contracted
marriage out of their own free will and choice on 05.05.2026 in accordance with the
Law. That the family of the petitioner No.2 has always remained against the
relationship of the petitioners even prior to their marriage as a result of which the
petitioner No.2 was subjected to great mental torture and agony. That petitioner No.2
chose to leave the parental home against the wishes of respondents 4 to 6 to live with
the petitioner No.1 being her husband.
04. The statements of the petitioners were got recorded by the learned
Registrar Judicial in attestation of their petition.
05. The petitioners have placed on record the scanned copies of their School
Certificates and Aadhar Cards as also of the alleged “Marriage Certificate”. Perusal of
the copies of the School Certificate and Aadhaar Cards reveals that the Date of Birth
of the petitioner No.1-Keshav Verma is 22nd March, 1994, whileas that of petitioner
No.2-Kashish Sharma is 10th August, 2003.
06. It is submitted by the learned counsel for the petitioners that since the
petitioners being major have contracted marriage out of their own free will and
choice, as such the instant writ petition be disposed of at this thresh-hold stage in view
of the law laid down by the Hon’ble Supreme Court of India in case “Lata Singh vs.
State of UP and ors (2006) 5 SCC 475″;and “Arumugam Servia v. State of Tamil
Nadu (2011) 6 SCC 405” decided on 19th April 2011, by passing the appropriate
3 WP(C) 1507/2026
directions upon the respondents to safeguard the life and liberty of the petitioners and
to prevent any sort of undue harassment to them.
07. In the facts and circumstances of the case, this Court is of the opinion that
the instant matter can be disposed of at this threshold stage by passing of appropriate
orders in accordance with the law.
08. Accordingly, the instant petition is disposed of at this threshold stage with
the direction that the official respondents 1 to 3 shall ensure that no unjustified
harassment is being caused to the petitioners and they shall be provided the protection
as and when asked for the same.
09. However, in view of the ratio decidendi of the judgment law laid down by
the Hon’ble Supreme Court of India in Doly Rani Vs. Manish Kumar Chanchal
[2024 Live Law (SC) 334-2024 SCC Online SC 754] decided on 19.04.2024, this
order shall not be construed as any opinion of this Court regarding the validity of
marriage as per Personal Law guaranteeing the parties involving the adjudication of
facto legal issues. The private respondents, who happen to be the parents and the
siblings of the petitioner No.2, shall be at liberty to question the alleged marriage
between the petitioners before the competent Court.
10. Disposed of along with connected CM.
(Mohd. Yousuf Wani)
Judge
JAMMU:
22.05.2025
Shammi
