NAZIA KHURSHID Vs. UNION TERRITORY OF JAMMU AND KASHMIR
HIGH COURT OF JAMMU AND KASHMIR
Union Territory Of Jammu And Kashmir
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Sanjay Kumar Gupta,J. -
(1.)The case set up in this petition is that both the petitioners are major and were having a love affair. They disclosed the fact of their love affair to their respective parents and also requested them for the solemnization of marriage, to which, parents of both the petitioners agreed but respondent Nos.5 to 8, who are brother-in-law and sisters of petitioner No.1, told petitioner No.2 that if in future even petitioner No.2 tried to see petitioner No.1 they will eliminate petitioner No.2.
(2.)Constrained by the above situation, both the petitioners capable of understanding their well-being performed Nikah on 02.02.2020 in accordance with Muslim Law. It is also stated in the petition that the parents of petitioner No.1 including the maternal uncle of petitioner No.1 have also agreed to the marriage of the petitioners and the father of petitioner No.1 due to illness could not attend the marriage ceremony. Maternal uncle of petitioner No.1 including the relatives of petitioner No.2 also attended the marriage ceremony. After marriage, petitioner No.1 joined the company of petitioner No.2 as his legally wedded wife. Thereafter, respondent Nos.5 to 8 and their relatives had made the lives of the petitioners miserable as both of them had married against the wishes of respondent Nos.5 to 8 and their relatives.
(3.)Respondent Nos.5 to 8 have also threatened the petitioners on phone and told the petitioner No.1 that after vacations when she will join the school, she will be eliminated and will not be allowed to visit her parental house and even she was not allowed to see her ailing father whereas her parents time and again requested petitioner No.1 to visit the house.
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