Rubia Mangat and Another v. Union Territory of J and K and Others (Police / Home)

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. CORAM: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

(ORDER)

12.02.2026.

¶1Upon 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".

¶2The report is taken on record.

¶3In 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.

¶4The 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.

¶5Disposed of along with connected CM(s).

(Javed Iqbal Wani) Judge

SRINAGAR

12.02.2026 "Abdul Rashid" Abdul Rashid Ganaie authenticity of this document :13.02.2026 14:53