Jammu & Kashmir HC to examine "marriage traps" after 46-year-old married man looks to wed 19-year-old girl

The High Court of Jammu and Kashmir and Ladakh recently expressed serious concerns over the circumstances in which a 19-year-old girl approached the Court seeking the protection of her intended marriage with a 46-year-old man, who turned out to be already married. .Justice Rahul Bharti passed a series of directions addressing not only the immediate safety of the girl but also broader concerns regarding the exploitation of young women by luring them into marriage traps. In a February 20 order, the Court observed that a moment of vigilance had helped prevent the young girl’s life from going to waste.“A moment of vigil on the part of this Court being able to prevent life of a 19 years aged young girl from going waste, is best opening for this order as sequence of events preceding this date of proceedings has been able to establish,” it said. .On court orders, the girl's custody was first handed over to a women's shelter in Srinagar. After reading a report submitted by a shelter worker to the Court in sealed cover, the judge later handed over the girl's custody to her mother. Pertinently, the case also led the Court to raise larger concerns. The Court opined that it cannot treat the matter as a one-off case and close it routinely, merely by restoring the girl's custody to her mother. After taking note of a November 2024 Nikahnama (marriage document) that allegedly formalised the union between the 19-year-old girl and a 46-year-old man, the Court opined that a probe may be necessary into whether gullible young women were being lured into marriage traps."The role of the religious preacher/moulvi, by whose reference the alleged Nikahnama dated 14.11.2025 has come to be produced, also needs to be thoroughly scanned as to whether there is a criminal racket going on with respect to alluring young and gullible girls like the petitioner No. 1 by self proclaimed peers and tantriks (sorcerers) having a predatory presence and play in the society," it said. The Court appointed advocate Sehreen Zehra as amicus curiae to assist it in examining such larger concerns. A social worker at the open shelter for girls in Srinagar's Nowgam was also requested to assist the amicus curiae..In its latest order dated March 3, the Court further sought the name of a senior woman police officer who could be entrusted with the task of conducting an investigation into "vulturish" practices in rural Kashmir, where young women may be lured into marriage traps with older men."This Court calls upon Mr. Mohsin Qadri, learned Senior AAG, to apprise this Court about a woman IPS officer holding position either in Srinagar or elsewhere in Kashmir Province, to whom inquiry into the matter related to petitioner No. 1 falling victim to alleged trap of marrying the petitioner No. 2 a 46-year-old already married person, and then coming to this Court seeking protection, whereas the facts have turned out to be otherwise which cannot be let go without being properly enquired and probed to figure out as to whether such like vulturish practices are active in Kashmir’s rural areas," the Court said.The case is listed for further hearing on March 9..The matter first came before the Court last month, when the 19-year-old girl appeared in person and sought the protection of her intended marriage to a 46-year-old man.In a February 16 order, the Court opined that the matter requires careful scrutiny to see if the young girl may be vulnerable to exploitation by her alleged 46-year-old partner. Concerned about her mental condition and the circumstances surrounding the marriage, the Court directed that she be taken into custody of the Women Police Station at Rambagh and shifted to the Open Shelter for Girls in Nowgam.The Court also expressed displeasure over the delay in the arrival of a woman police constable at the High Court premises and the absence of the security officer when called by the Court.On February 17, the Senior Superintendent of Police (Security), Kashmir, appeared in person and assured that remedial steps are being taken, including steps to ensure that a woman police officer is always available at the High Court premises to assist female litigants and advocates..When the matter was taken up again on February 20, the girl was produced before the Court from the shelter home along with a social worker. Her mother also appeared in person.After hearing the parties, the Court ordered that custody of the girl be restored to her mother and directed a woman police officer to ensure that both safely boards public transport for their native place while recording the vehicle and driver details. It also suggested that the One Stop Centre at Bandipora reach out to the woman and her daughter to offer psychological counselling services. .Justice Bharti further decided not to close the matter right away and said the proceedings would continue suo motu to examine wider issues.Among other directives, the Court on February 20 opined that the role of the advocate who filed the petition on behalf of the 19-year-old girl and her alleged partner should be examined. The Court, therefore, also ordered the Registrar Judicial to issue notice for his personal appearance and warned that coercive measures could follow if he avoids service..Government Advocates Faheem Nisar Shah and Jahangir Ahmad Dar appeared for the respondent authorities.Advocate Mir Umer appeared for the 19-year-old girl's mother. .[Read Orders].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.