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J&K & Ladakh High Court Directs Affidavit Disclosing Whether Marriage is First in Petitions Seeking Protection

J&K & Ladakh High Court Directs Affidavit Disclosing Whether Marriage is First in Petitions Seeking Protection

Nusrat Bashir & Anr. v. Union Territory of J&K & Ors. [Decided on 24-02-2026]

Jammu and Kashmir and Ladakh High Court

In a writ petition filed before the Jammu & Kashmir and Ladakh High Court seeking protection to their life and liberty as per the ratio laid down by the Supreme Court in Lata Singh v. State of U.P. (2006) 5 SCC 475 and Shakti Vahini v. Union of India & Ors. In AIR 2018 SC 1601, a Single Judge Bench of Justice Moksha Khajuria Kazmi allowed the petition while directing the families to refrain from interfering with the petitioners’ married life.

The present petitioners had solemnized a marriage against the wishes of their respective families, who were bent upon disturbing their marital life. Apprehending arrest by the police, the petitioners filed the present petition.

The Court noted that the petitioners had attained majority and that they got married on 07-02-2026. Having regard to the Supreme Court’s decision in Lata Singh (supra) and Shakti Vahini (supra), the Court allowed the petition and directed the petitioner’s families to refrain from interfering in their married life.

The Court clarified that the present order would not act as an acknowledgment of the validity of the petitioner’s marriage and directed the Registrar Judicial to ensure that petitions of this nature are accompanied by an affidavit from the petitioners stating that the marriage to be protected is their first marriage, or otherwise.


Appearances:

For Petitioners – Mr. Syed Tajamul

For Respondents – None

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Nusrat Bashir & Anr. v. Union Territory of J&K & Ors.

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