JAIDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure for directing respondents No.2 and 3 to protect the life and liberty of the petitioners as respondents No.4 to 14 and other family members of the petitioners are harassing them as they have married amongst themselves against their wishes in the year 2007.

(2.) THE factual position as submitted by the petitioners is that Jaida (petitioner No.1) was married to Jamshed (respondent No.4) in 1992 as per Muslim rites. However, they could not pull along together and ultimately Jamshed (respondent No.4) divorced (gave a Talaq to) petitioner No.1-Jaida as per Muslim law. Jan Mohammad (petitioner No.2) is resident of the same village as Jaida (petitioner No.1) and he is married with Rahisan.

(3.) LEARNED counsel for the petitioners has submitted that the petitioners have been married for the last more than two years, however, they apprehend danger to their life and liberty in case they return to their Village Hoochpuri Kalan, Police Station Hathin, District Palwal. After giving my thoughtful consideration to the matter, it may be noticed that the averments made in the petition are supported by an affidavit of Jaida (petitioner No.1). The petitioners are stated to have performed their marriage amongst themselves in 2007 which, it is alleged, is not to the liking of Jamshed (respondent No.4) who is the previous husband of Jaida (petitioner No.1). Therefore, both the petitioners are being harassed. It is submitted that Jamshed (respondent No.4) had divorced (given a Talaq to) Jaida (petitioner No.1). It is thereafter that the petitioners performed their marriage amongst themselves.