MOHAMMAD NAYEEM Vs. STATE OF JK & ORS.

JUDGEMENT

(1.) The sequence of events, as these emerge from the study of the file, under consideration are that the petitioner got married with a woman, namely, Monica Devi (Asma) daughter of Bharat Singh R/o Maligam, Ramban. It is stated that she is 19 years of age and, on 3rd of November, 2017, she entered into a wedlock with the petitioner out of her free will and volition. It is further pleaded that, after their marriage, they lived peacefully as husband and wife. It is also stated that this marriage did not augur well with the respondent Nos. 3 and 4. They got annoyed and are bent upon to cause undue interference in the peaceful matrimonial life of the petitioner and his wife. The petitioner and his wife were threatened by the said respondents and were forced to leave their house. It is also contended that the said respondents have lodged a false and frivolous case against them at Police Station, Ramban. They have filed a petition under Section 561-A in which the Investigating Agency has been directed to ensure that the directions issued by the Court are not flouted. The petitioner has proceeded to state that the respondents took his wife from the Court premises and confined her at some unknown place, probably at the residential house of the respondent Nos. 3 and 4 and, therefore, they are guilty of wrongfully confining her. On the above set of facts, the petitioner has implored for the grant of the following reliefs in his favour:

(2.) Heard and considered.

(3.) By order dated 30th of November, 2017, of this Court, the Station House Officer (SHO), police Station, Ramban, was directed to submit a status report and, subsequently, by order dated 7th of December, 2017, he was directed to ensure the presence of Monica Devi (Asma) before this Court on the next date. It was on May 11th, 2018, that the said Monica Devi (Asma) was produced before this Court, who was identified by the counsel for the petitioner, namely, Mr Musavir Mir. Accordingly, the Registrar (Judicial) of this Wing of the High Court was directed to record the statement of Monica Devi (Asma). The learned Registrar Judicial recorded her statement on the same date, which reads as under: