SURJEET SINGH Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) The Case Of The Petitioners Is That They Are Major And Are Free To Get Married Out Of Their Own Free Will And Volition. The Petitioners Solemnized Their Marriage Against The Wishes Of Their Parents. The Marriage Is An Inter Caste Marriage And This Is The Reason For The Non Acceptance Of The Marriage By Their Parents And Other Family Members Of Petitioner No.2 I.E. Respondent Nos.4 To 7. Petitioner No.2 Being The Legally Wedded Wife Of Petitioner No.1 Is Entitled To The Company Of Petitioner No.1 And No One Can Separate Them.

(2.) It Is Further Stated In The Petition That Respondent Nos.4 To 7 Are Bent Upon To Separate The Petitioners By Adopting All Possible Illegal And Unlawful Means In Connivance With The Official Respondents. Since Respondent Nos.4 To 7 Are Influential Persons, They Are Harassing ThePetitioners And Parents Of Petitioner No.1. Respondent Nos.4 To 7 Are Threatening Petitioner No.1 That They Would Eliminate Him And His Family Members. Petitioners Are Facing All Undue Inconvenience And Harassment At The Hands Of The Respondents.

(3.) Both The Petitioners Being Major And Capable Of Understanding Their Well-Being, On 12.12.2018 Performed Marriage As Per Hindu Rites And Customs Out Of Free Will, Without Any Pressure, Coercion And Undue Influence From Any Quarter As Is Evident From Marriage Certificate (At Page 12). The Petitioners Also Executed Marriage Agreement Duly Executed By Notary Public, Samba. In Addition To The Marriage Agreement, They Also Executed Their Respective Affidavits Whereby They Have Stated That They Married Each Other Out Of Free Will, Without Pressure From Any Quarter. 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 7, They Had Made The Lives Of The Petitioners Miserable. Respondent Nos.4 To 7 Have Openly Declared That They Will Eliminate Petitioner No.1 And His Family Members. 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 Nos.4 To 7.