LAWS(J&K)-2019-6-38

RUBINA KOUSER Vs. STATE

Decided On June 07, 2019
Rubina Kouser Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The case of the petitioners is that they are major and capable of taking decision relating to their personal affairs. Both the petitioners know each other fully and have developed love and affection towards each other as they were engaged with each other and were due to be married very soon. However, the father of the petitioner No.1 at the last moment refused to give petitioner No.1 in marriage to petitioner No.2. In the backdrop of above facts, the petitioners have executed a marriage agreement on 15/5/2019 and got married with each other by performing of Nikah ceremony on 17/5/2019. Since marriage between the petitioners was against the wishes of father of petitioner No.1, he is continuously causing threats and intimidation of physical harm to petitioners and create unjustified disruption into the matrimonial life of the petitioners as such he has begun causing harassments to the petitioners.

(2.) 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 father of petitioner No.1 i.e. Maqbool Hussain Kallar. They have also stated that the threat perception looms large on their heads, as the father of petitioner No.1 through the influence of official respondents is causing undue harassment.

(3.) The petitioners, in person, appeared before this court at the time of hearing of the petition along with their counsel. They have categorically stated in the open Court that they have solemnized marriage with each other on 17/5/2019 with their own free will and consent, and without any force from anybody. They have also executed marriage agreement on 15/5/2019.