SHANIA RAHMAN CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) A writ petition was registered upon receiving a letter from miss Shania Rahman Choudhury (hereinafter referred to as petitioner), addressed to the Hon'ble Chief Justice, with a fervent prayer to save her and her husband's life from the grip of her enraged guardian and to enable her to live peacefully.

(2.) FACTS leading to registration of this writ petition may be stated as follows : the petitioner Ms. Shania Rahman choudhury, aged about 23 years (birth date 3-10-1986) legitimately and willingly got married with Md. Nazimuddin on 15-10-2008, in the office of the Marriage registrar, Kamrup District. Once again on 17-10-08, the petitioner and Md. Nazim Uddin got married according to Islamic social tradition at the office of the Muslim Marriage registrar and Kazi at Patharkandi. After getting married, when the petitioner came with her husband to the residence of her in-laws, her father, paternal and maternal uncles along with a gang of people appeared and tried to forcibly take her away by assaulting and molesting the men and women, who were present in the house of her in-laws. On hearing the petitioners cries and screams, local villagers came and rescued the petitioner and her husband. In the meantime, petitioner's father filed an F. I. R. on 16-10-08 at Hatigaon P. S. against her husband alleging commission of offence of kidnapping, which was registered as Hatigaon P. S. Case No. 105/08 under S. 366/34,i. P. C.

(3.) THE police, after having registered a case of kidnapping against petitioner's husband, started harassing him and her in-laws. Finding no alternative petitioner's husband and in-laws approached the High court and obtained bail orders and directions. Consequently, by an order the High court directed the petitioner to give her statement before the Court of learned c. J. M. , Kamrup and before the Police of hatigaon P. S. by appearing personally.