RABIYA BASHIR Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has invoked the writ jurisdiction of this Court seeking a direction upon the respondents to ensure her safety and that of her family members including their property. A further direction has been sought upon the respondents to produce the status report of the investigation in FIR No.27/2016 for offences under Sec. 498-A and 406 RPC registered with Women's Police Station, Rambagh, Srinagar. The petitioner has also challenged Nikah Nama dtd. 9/9/2015 and marriage agreement dtd. 10/9/2015 executed by her and respondent No.8, which, according to the petitioner, is based upon fraud, deception and exploitation.

(2.) It is case of the petitioner that she was forced to enter into a wedlock with respondent No.8, who had already contracted three marriages. It is further submitted that respondent No.8 is a notorious militant and he forced the petitioner to sign Nikah Nama and marriage agreement whereafter she was kidnapped and kept in illegal confinement till 15/12/2016. It is submitted that respondent No.8 has sexually exploited the petitioner on the strength of a sham Nikah Nama and marriage agreement. It has been submitted that the petitioner was thrown out by respondent No.8 from his house after he had satisfied his lust and she was exposed to immoral acts by the said respondent. It has also been submitted that the petitioner has given birth to a child and even that child was taken away by respondent No.8 on different excuses. According to the petitioner, she has lodged FIR No.27/2016 for offences under Sec. 498-A and 406 RPC against the private respondents but no concrete action is being taken against them by the police. It is further submitted that the petitioner and her family members are being threatened by the private respondents and the police is not taking any action in the matter.

(3.) Respondents No.8 to 13 have filed their objections to the writ petition in which it has been submitted that the Nikah Nama was executed by the petitioner and respondent No.8 out of voluntary consent of the parties in accordance with Muslim Law and out of the said wedlock, a male issue was born on 15/12/2016. It has been submitted that the petitioner has implicated respondent No.8 in a false and frivolous case and he has been granted bail by the learned trial court in the said case. According to private respondents, after marriage, attitude of the petitioner remained hostile towards respondent No.8 and his family members which resulted in a matrimonial dispute. It has been further submitted that the petitioner has filed a petition under Sec. 488 of the J&K Cr. P. C before the competent court of law. It is further submitted that after marriage, the petitioner continued to serve in the Health Department and has even pursued higher studies to which respondent No.8 did not object at all. It has been contended that the petitioner has raised disputed questions of fact which cannot be determined in these proceedings.