MUKESH KUMAR 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.1 agreed but the parents of petitioner No.2 out-rightly rejected the proposal of the petitioners, even respondent No.4 who happens to be the father of petitioner No.2 threatened petitioner No.1 that in future if petitioner No.1 even try to see petitioner No.2, he will get eliminated by respondent No.4 and his men. Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 4/9/2017 executed Marriage Agreement before Notary Public Jammu City. Thereafter, on 22/9/2017 petitioners performed Marriage Ceremony as per Hindu Law, rites and customs at Arya Samaj Janipur Colony Jammu, out of free will, pressure, coercion and undue influence from any quarter. After the solemnization of the marriage between the petitioners, respondent No.4 and his relatives were continuously threatening the petitioners for solemnizing the marriage against their wishes. Respondent No.4 has also threatened that he will eliminate both the petitioners. The petitioners are innocent and have solemnized the marriage with their own choice. The movements of the petitioners have been restricted in view of the continuous harassment and threat perception at the hands of respondent No.4 and his relatives as they have openly declared that they will kill both the petitioners in order to satisfy their ego.

(2.) It is further stated in the petition that petitioner No.2 made a statement before learned Sub Judge, Jammu in which she has categorically stated that she is major and has solemnized marriage with petitioner No.1 out of her own free will, without any pressure or coercion from any quarter.

(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 and his relatives. They have also stated that the threat perception looms large on their heads, as the respondent No.4 has openly declared that he will do away with their lives.