MOHAMMAD ASHAQ Vs. MUNEER HUSSAIN

JUDGEMENT

(1.) Under the cloak of this petition the petitioner seeks the production of Shameema Akhtar, his alleged wife in the Court allegedly on the ground that she has been illegally confined by respondents 2 and 3. It has been further prayed that after her production in the Court she be set at liberty.

(2.) The petitioner has alleged that his marriage with Shameema Akhtar was soleminsed on 28th Dec., 1985 for a consideration of Rs. 4,000/- as dower according to Muslim Personal Law and the Custom prevalent in the area. The rest of the formal ceremonies of the marriage, that is, bringing of bride to the house of the petitioner was fixed to be done on 10th May, 1986. Towards the end of January, 1986 the respondents connived with the parents of Shameema Akhtar and for huge consideration illegally and without her consent removed and confined her. The petitioner initiated proceedings in the Court of Chief Judicial Magistrate, Rajouri where Shameema was produced on 10th Feb., 1986. Shameema Akhtar made a statement in the Court of C.J.M., Rajouri that she had contracted marriage with respondent No. 1 and that she was not kept in the illegal confinement. It is further alleged that her statement was procured under threat of physical torture and death. She has been detained by the respondents against her will and if she is not produced before this Court and set at liberty there was every likelihood that the respondents 2 and 3 shall do away with her because they are not only pressurizing but also physically torturing her to agree to contract marriage with respondent 1. No documents regarding the factum of marriage with the petitioner has been produced along with this petition.

(3.) Heard the learned counsel for the petitioner.