NASRULLAH KHAN Vs. STATE

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 parent i.e. father of petitioner No.2 got annoyed. Even father and other 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 21/4/2019 performed Marriage as per Muslim rites and customs as is evident from Nikah Nama (Annexure-II), out of free will, without any pressure, coercion and undue influence from any quarter. Thereafter, on 19/5/2019 the petitioners also executed post marriage agreement duly executed by Notary Public, Jammu. 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 No.5 i.e. father and other relatives of petitioner No.2, they had made the lives of the petitioners miserable. Respondent No.5 and his relatives have openly declared that they will eliminate both the petitioners in order to satisfy their ego. 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.5 and his relatives.

(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 respondent No.5 and his relatives. They have also stated that the threat perception looms large on their heads, as respondent No.5 and his relatives have openly declared that they will do away with the lives of petitioners.