‘Whether such marriage is permissible…’: J&K HC raises question over legality of CRPF jawan Munir Ahmed and his Pakistani wife’s ‘online’ Nikah

Amidst escalating tensions with Pakistan after the Pahalgam terror attack, the rot within the immigration system is getting exposed. In the aftermath of the Pakistan-sponsored Islamic terror attack, the Indian government ordered Pakistani nationals who arrived in India on valid visas to leave the country. While the news of a huge number of Pakistanis who came on valid visas decades ago are still living in India shocked many, a CRPF jawan named Munnir Ahmed approached the Jammu and Kashmir High Court seeking a stay on the deportation of his Pakistani wife.

The Central Reserve Police Force jawan and his Pakistani wife, who got married in an ‘online’ Nikah ceremony. After the online Nikah, the Pakistani national entered India on a visitor visa. Her visa had expired on 22^nd March 2025, however, she was overstaying. Munir Ahmed and his Pakistani wife claimed that they solemnised their marriage online when the former was in Jammu and Kashmir while the woman was in Pakistan. On the Nikahnama, the location of Nikah, however, was mentioned as Handwal, Jammu.

While hearing the petitioner’s plea on 29^th April 2025, Justice Rahul Bharti raised a question over the legality of the so-called online Nikah of the CRPF Jawan and the Pakistani woman.

“Whether such type of marriage is permissible/recognisable in the eyes of law, is an aspect which requires attention of the Government of India,” Justice Bharti observed.

Highlighting the discrepancies in the claims made by the cross-border petitioner couple, the court noted that while the duo claimed to have got married in an online ceremony, the Nikahnama mentions the place of marriage as Jammu’s Handwal. The court observed that this is not the factual situation of the case.

“The very fact that the place of Nikah is shown to be Handwal Jammu, per-se, meant that the marriage was solemnized in physical mode taking place at Jammu which is not the factual situation in the present case as the purported marriage came to take place by online mode that is the petitioner No. 2 was in Pakistan at her residential house and the petitioner No. 1 in UT of J&K at his own house,” the court noted.

The court recorded that the CRPF Jawan had informed the security force about his intention to marry a Pakistani national and even told them that the marriage would take place on 5^th November 2023, however, it did not happen since neither CRPF jawan Munir Ahmed went to Pakistan nor his Pakistani fiancée came to India to solemnise their marriage.

Although the petitioner told the court that an application for a Long-Term Visa for his Pakistani wife was submitted, however, the court pointed out that granting such a visa is solely a decision the Indian Government can make.

“It is for the Government of India to consider whether Long-Term Visa in favour of petitioner No. 2 to be issued or not even if there is a request made by and pending for grant of Long-Term Visa in favour of the petitioner No. 2. The present actual status of the petitioner No. 2 is that of a Pakistani National entering and staying in India on Short-Term Visa that too which has expired,” the court stated.

The Jammu & Kashmir High Court further clarified that since the case of the Pakistani petitioner is still under active consideration, “when that consideration would come from the Government of India… she would accordingly become either the beneficiary or the non-beneficiary of the outcome.”

Meanwhile, the J&K High Court has directed the respondents to file a reply within ten days. The next hearing in the matter will be held on 10^th May 2025.

The court also stated that the Pakistani woman’s ouster from Jammu and Kashmir, as well as her status, would be subject to the final outcome of the writ petition.

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