ABDUL AHAD PEER. Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Writ Petition bearing WP(Crl) No. 374/2022 is filed by Mohammad Jameel Gujar Poda S/o Alamud Din Poda R/o Doogar B. Walrahama Tehsil Langate District Kupwara, praying therein for the following relief(s):

(2.) The relief is claimed on the ground that Respondent No. 4 has illegally confined the wife of the petitioner, namely, Ruqaya Ahad D/o Abdul Ahad Peer R/o Baderwah Tehsil Handwara District Kupwara, who is stated to be the father of said Ruqaya Ahad. The relief is based on the ground that marriage of the parties took place on 28/6/2019, as the parties to the marriage (petitioner and Ruqaya Ahad) being major and of sound mind and with full consent and without any coercion, entered into marriage agreement and have also performed Nikah in terms of the Shariah. It is submitted that the petitioner had approached this Court through the medium of writ petition bearing WP(C) No. 902/2022 seeking protection and the Writ Court in terms of order dtd. 6/5/2022, while recording the submissions of the petitioner and that of the Caveator, disposed of the said writ petition by providing that the petitioner shall only be dealt with in accordance with the law and nobody including the private respondent shall be permitted to take the law in their own hands and cause any harm or hurt to the petitioners.

(3.) Mr. Sheikh Hilal, learned appearing counsel for the petitioner submits that the statement of Ruqaya Ahad, claimed to be the wife of the petitioner, was recorded in the Court of Judicial Magistrate, Handwara under sec. 164-A of CrPC, admitting the marriage. On the basis of the decision rendered by the Writ Court in writ petition bearing WP(C) No. 902/2022, supported by the document(s) of Nikah Nama, the petitioner claims relief of declaring the custody of Ruqaya Ahad with the Respondent No. 4 as illegal, with further relief to produce her before this Court for further directions.