Citation : 2026 Latest Caselaw 620 J&K/2
Judgement Date : 12 February, 2026
Supplementary list
Sr. No. 83
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
WP(C) 201/2026
RUBIA MANGAT AND ANOTHER..
..... Petitioner(s)
Through: -
Mr. Arshad Maqbool, Advocate
V/s
UNION TERRITORY OF J AND K AND ORS.
..... Respondent(s)
Through: -
Mr. Mohsin Qadri, Sr.AAG with Ms.Maha Majid, Assisting counsel.
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE (ORDER) 12.02.2026.
1. Upon coming up instant matter for consideration today in
furtherance of order dated 9th February, 2026, Mr. Mohsin Qadri,
Sr. AAG, would produce evaluation report of the petitioner 1,
prepared by the Medical Board comprising of Assistant Professor,
Psychiatry, Clinical psychologist and two Registrars, Department
of Psychiatry, Government Medical College, Srinagar, in
compliance of order of this Court which for the sake of
convenience and brevity is reproduced hereunder:-
"On 12th February, 2026, as per directions of Hon'ble High Court, a standing medicolegal board was constituted by IMHANS-K. The case bearing registration No.13Y0362825 namely Rubia Mangat D/O Mangat Ali Khan, W/O, Yawar Ahmad Magray R/O Handwara, Kupwara, reported in front of the Standing Board. On detailed history taking, mental status examination and physical examination, her Judgment and Insight was found to be intact. She was found to have few scratch marks on both forearms. On history taking, it was known that she has left studies in 10th standard and she did not cite the reason. On psychological testing, which included IQ assessment and personality assessment, her intellectual functioning was found to be average. On personality assessment, it was found that she is having negativistic and borderline personality traits, which indicates that she is having emotional instability, impulsivity and fluctuating self-image and she is also having a pattern of resentment, pessimism and covert defiance which may interfere with her interpersonal effectiveness".
2. The report is taken on record.
3. In view of the aforesaid medical opinion in particular that
Judgment and Insight of the petitioner 1 was found intact
inasmuch as, having regard to the statement made by the petitioner
1 in the open Court that she has voluntarily, without any coercion,
undue influence or misrepresentation, out of her freewill married
the petitioner 2, this Court deems it appropriate to disposed of the
petition in light of Judgment of Apex Court titled "Lata Singh v.
State of UP. and anr., 2006 (5) SCC 475 wherein it has been
observed that in absence of there being any legal impediment, the
petitioners are entitled to marry according to their choice and the
official respondents are duty bound to protect their life and liberty.
Accordingly, petitioner 1 is free to live with petitioner 2.
4. The petition in view of above is disposed of, by providing that
official respondents shall look into the grievance of the petitioners
for providing them adequate security and to ensure that nobody
interferes in their married life. This order, however, shall not come
in the way of the official respondents for investigation of
FIR/criminal complaint, if any, filed against the petitioners.
5. Disposed of along with connected CM(s).
(Javed Iqbal Wani) Judge SRINAGAR 12.02.2026 "Abdul Rashid"
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