LAWS(J&K)-2000-12-20

TAWHEEDA BANO Vs. STATE

Decided On December 14, 2000
Tawheeda Bano Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) WRIT of prohibition is prayed for to re ­straint State of J&K and S.H.O. Shopian from interfering with the married life of writ petitioner with respondent No.4. Heard.

(2.) EXAMINATION of the petition reveals that the writ petitioner has pleaded to be wife of respondent No.4 Mohd. Hussain Malik. The two are alleged to have entered in matrimonial wedlock in accordance with the Personal Law evidence by Nikah Nama (Annexure PB). It is alleged that the father of girl respondent No.3 Mohd. Alisan rather is averse to the marriage between his daughter and respondent No.4 which is not to his liking. He is bent to disrupt and snap this matrimonial relation and for the purpose is approaching the police. As petitioner is receiving threats and warnings from police, therefore apprehension that respondent No.3 has colluded with the police for the purpose.

(3.) IT can be fairly seen that the pure matrimonial dispute between wife and husband on one side and the father on the other side is raised in the writ jurisdiction of this court. There is no proof whatsoever on record that Sr. Superintendent Police of District Pulwama or S.H.O. P/S Shopian are in any manner interfering in this dispute or that the respondents have taken sides or they have extended threats and warnings to the girl. No rights of petitioner are violated. Respondents 1 and 2 in the facts and circumstances of the case have not violated any of the rights of writ petitioner to be dragged in this controversy.