LAWS(J&K)-2019-6-36

MOHAMMAD SHAREF HAJAM Vs. STATE

Decided On June 07, 2019
Mohammad Sharef Hajam Appellant
V/S
STATE Respondents

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.1 agreed but the parents and other relations of petitioner No.2 got annoyed. Even the parents and relatives of petitioner No.2 told petitioner No.1 that if in future petitioner No.1 tried to see petitioner No.2, they will eliminate petitioner No.1.

(2.) Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 6/3/2019 have executed a marriage agreement which was duly attested by concerned Notary whereby they have mentioned that they are marrying with each other out of free will, without pressure from any quarter. On 9/11/2017 they performed marriage in accordance with Muslim Law and Shariet. After the solemnization of the marriage between the petitioners, petitioner No.2 joined the company of petitioner No.1 as his legally wedded wife. As the said marriage was against the wishes of respondent Nos.4 to 12 and their relations, they had made the lives of the petitioners miserable.

(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.4 to 12 and their relatives. They have also stated that the threat perception looms large on their heads, as the respondent Nos.4 to 12 and their relatives have openly declared that they will do away with the lives of petitioners in order to satisfy their ego.