Jammu & Kashmir High Court – Srinagar Bench
Mubeena Bano And Anr vs Ut Of J&K And Ors on 20 February, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Serial No. 83
Supplementary List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) No. 299/2026
Mubeena Bano and Anr.
..... Appellant/petitioner(s)
Through: -
Mr. Shahid Rasool, 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)
20.02.2026
01. 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″.
02. Notice. Notice waived by Ms. Maja 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
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
on 16.02.2026. The petitioner No. 2, states that his first wife has died,
therefore, he is contracting this second marriage with petitioner No. 1.
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. 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.
06. Disposed of.
(MOKSHA KHAJURIA KAZMI)
JUDGE
SRINAGAR
20.02.2026
“Mohammad Yasin Dar”
Mohammad Yaseen Dar
I attest to the accuracy and
authenticity of this
document
