ZOONI BANO Vs. STATE OF J & K

JUDGEMENT

(1.) The case of the petitioners is that they are major and were having a love affair. The parents and family members of both the petitioners were aware about the love affairs of the petitioners. Petitioner No.1 brought this part of her love with petitioner No.2 to her parents and relatives. She expressed her wish to marry petitioner No.2 and also declared that she will only marry none else other than petitioner No.2. However, respondent No.4 although promised that he will marry her with petitioner No.2 but due to the influence and instigation of respondent Nos.5 to 8, he has refused to keep his words of marrying petitioner No.1 with petitioner No.2. Respondent No.4 on the instigation and connivance of respondent Nos.5 to 8 started looking after some other boy for marrying petitioner No.1 fully knowing that petitioner No.1 is in deep love with petitioner No.2 .

(2.) It is further stated in the petition that respondent No.4 has refused to allow petitioner No.1 to marry with petitioner No.2 despite the fact that petitioner No.1 has openly declared and made it clear to respondent Nos.4 to 8 that she will marry only petitioner No.1 and all her efforts failed to persuade respondent Nos.4 to 8 for getting her married with petitioner No.1.

(3.) Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 15/1/2019 performed Nikah (Marriage) as per Muslim Law as is evident from Nikah Nama (Annexure-II), out of free will, without any pressure, coercion and undue influence from any quarter. After the solemnization of the marriage, petitioner No.1 is residing with petitioner No.2 at her matrimonial home as legally wedded wife.