NITU KUMAR 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 the 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 him.

(2.) Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 10.03.2016 performed Marriage at Arya Samaj Purani Mandi, Jammu, as per Hindu Law out of free will, without pressure, coercion and undue influence from any quarter. Petitioners also executed marriage agreement on 26.02.2016 duly registered by Notary Public, Jammu. In addition to the marriage agreement, they also executed their respective affidavits whereby they have mentioned that they are marrying with each other out of free will and without any 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 6 and their relations, they had made the lives of the petitioners miserable. The marriage between the petitioners being inter-caste is an eyesore for respondent Nos.4 to 6. Respondent Nos.4 to 6 and their 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.

(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 to 6 and their relatives. They have also stated that the threat perception looms large on their heads, as the respondent Nos.4 to 6 and their relatives have openly declared that they will do away with their lives.