SALMA BANNO Vs. STATE OF J & K

JUDGEMENT

(1.) The case of the petitioners is that they are major and were having a love affair. They disclosed the fact of their love affair to their respective parents and requested them for the solemnization of marriage between the petitioners to which the parents of petitioner No.2 agreed but the parents of petitioner No.1 especially respondent Nos.5 and 6 got annoyed. Even parents and relations of petitioner No.1 told petitioner No.2 that if in future petitioner No.2 tried to see their daughter, they will eliminate him.

(2.) Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 15/3/2019 executed marriage agreement duly attested by Notary, District Jammu. Thereafter, they performed Nikah as per Muslim Law at Jammu on 15/3/2019, out of free will, without any pressure, coercion and undue influence from any quarter. After the solemnization of the marriage between the petitioners, petitioner No.1 joined the company of petitioner No.2 as his legally wedded wife. As the said marriage was against the wishes of respondent Nos.5 and 6 and their relatives, they had made the lives of the petitioners miserable. Respondent Nos.5 and 6 and their relatives have openly declared that they will kill both the petitioners in order to satisfy their ego.

(3.) They have proceeded to state that their movement has been restricted due to the continuous harassment meted out to them at the hands of the respondent No.5 and 6 and their relatives. They have also stated that the threat perception looms large on their heads, as the respondent Nos.5 and 6 and their relatives have openly declared that they will do away with their lives.