Insha Nazir vs Union Territory Of Jammu And on 8 April, 2026

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    Jammu & Kashmir High Court – Srinagar Bench

    Insha Nazir vs Union Territory Of Jammu And on 8 April, 2026

                                                                Serial No. 2
                                                              Regular Cause list
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT SRINAGAR
    
                        WP(C) 542/2026 CM(1367/2026)
       1. Insha Nazir, 26 Years Old                ...Appellant(s)/Petitioner(s)
          D/O Nazir Ahmad Sheikh
          R/O Panditpora, Payeen, Kunzer, District
          Baramulla J&K, 193404
       2. Ubaid Farooq, 26 Years Old
          S/O Farooq Ahmad Ganie
          R/O Haligam, District Baramulla, J&K,
          193202
    Through:    Mr. Syed Tajamul Rizvi, Advocate
                                         Vs.
    
      1. Union Territory of Jammu and
                                                                     ...Respondent(s)
         Kashmir through Director General of
         Police, Srinagar.
      2. Senior Superintendent of Police,
         Baramulla
      3. Station House Officer (SHO), Police
         Station Kunzer, Baramulla
      4. Mohammad Akbar Ganie
         S/O Abdul RamzanGanie
         R/O Nagarpora, Kunzer, Baramulla
      5. Riyaz Ahmad Ganie
         S/O Mohammad Akbar Ganie
         R/O Nagarpora, Kunzer, Baramulla
      6. Tariq Ahmad Ganie
         S/O Mohammad Akbar Ganie
         R/O Nagarpora, Kunzer, Baramulla
      7. Shabnama Nazir
         D/O Nazir Ahmad Sheikh
         R/O Panditpora Payeen, Kunzer,
         Baramulla
      8. Nazir Ahmad Sheikh
         S/O Mohammd Sultan Sheikh
         R/O Panditpora Payeen, Kunzer,
         Baramulla
    Through: None
    
    CORAM:
         HON'BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE.
                                       ORDER
    

    08.04.2026

    1. The Petitioners claim that they, being major, have contracted marriage out

    SPONSORED

    of their free will and are living as husband and wife, but are apprehensive

    to be subjected to physical violence and harassment at the hands of their
    relatives, as the Petitioners have contracted marriage against their wishes.

    The Petitioners, therefore, seek protection and security cover from the

    official Respondents.

    2. Heard and perused the record.

    3. Perusal of the record annexed with the Writ Petition reveals that the

    Petitioners are major and have contracted marriage on 9th of February

    2026, according to the Muslim Personal Law, rites and customs.

    4. When two adults, consensually, choose each other as life partners, it is the

    manifestation of their choice that is recognized under Articles 19 and 21

    of the Constitution. Such right has sanction of constitutional law and once

    that is recognized, the said right needs to be protected and it cannot

    succumb to conception of class, honour or group thinking. Consent of

    family or community or clan is not necessary, once two adult individuals

    agree to enter into wedlock and their consent has to be piously given

    primacy. The concept of liberty has to be weighed and tested on the

    touchstone of constitutional sensitivity, protection and values itstands for.

    5. It is the obligation of the Constitutional Courts as the sentinel on qui vive

    to zealously guard the right to liberty of an individual, as the dignified

    existence of an individual has an inseparable association with liberty.

    Thus, it is emphatically clear that life and liberty sans dignity and choice

    is a phenomenon that allows hollowness to enter into the constitutional

    recognition of identity of a person. The choice of an individual is an

    extricable part of dignity, for dignity cannot be thought of where there is

    erosion of choice and no one shall be permitted to interfere in the

    fructification of the said choice. If right to express one’s own choice is

    obstructed, it would be extremely difficult to think of dignity in

    itssanctified completeness.

    6. When two adults marry out of their volition, they choose their path; they

    consummate their relationship; they feel that it is their goal; and they have

    the right to do so. And, it can unequivocally be stated that they have the

    right and any infringement of the said right is a constitutionalviolation.

    7. Keeping in view the prayer made, this Writ Petition is disposed of with a

    direction to the official Respondents to provide adequate protection to the

    Petitioners and act in accordance with the law laid down by the Hon’ble

    Supreme Court in cases titled ‘Lata Singh v. State of U. P., (2006) 5

    SCC 475′ and ‘Shakti Vahini v. Union of India & Ors., AIR 2018 SC

    1601′, subject to the condition that the official Respondents will check

    and see as to whether the parties are major and that the marriage has been

    solemnized in strict accordance with the prevalent laws, and, if there is an

    FIR against any of the Petitioner(s), the police concerned may go

    aheadwith the investigation, in accordance with law.

    8. Needless to say, that the disposal of the instant Petition does not

    authenticate the marriage of the Petitioners or their age/majority to enter

    into marriage, which, however, is otherwise subject to fulfilment

    ofstipulations as envisaged under the prevalent laws.

    9. Writ Petition is, thus, disposed of on the above terms, along with the

    connected CM.

    (M. A. CHOWDHARY)
    JUDGE
    SRINAGAR:

    08.04.2026
    “Adil Ismail”



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