ABDUL HAMID 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 got annoyed. Even parents of petitioner No.2 told petitioner No.1 that if in future petitioner No.1 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 19/10/2018 performed Nikah as per Muslim Law at Jammu, out of free will, pressure, coercion and undue influence from any quarter. Thereafter, the petitioners also executed Marriage Agreement on 19/10/2018 duly executed by Notary Public at Jammu. 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 parents of petitioner No.2, respondent Nos.4 and 5 and their relatives had made the lives of the petitioners miserable. As the marriage was against the wishes of respondent Nos.4 and 5, they attacked the petitioners in front of public at Bathindi Jammu regarding which petitioner No.2 had filed a criminal complaint against respondent Nos.4 and 5 before the court of learned 3rd Additional Munsiff Jammu.

(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 5 and their relatives. They have also stated that the threat perception looms large on their heads, as the respondent Nos.4 and 5 and their relatives have openly declared that they will do away with their lives.