ASHRAF KHAN AND ANR Vs. STATE OF J&K AND OTHERS
LAWS(J&K)-2019-1-29
HIGH COURT OF JAMMU AND KASHMIR
Decided on January 30,2019

Ashraf Khan And Anr Appellant
VERSUS
State of JAndK and others Respondents

JUDGEMENT

Sanjay Kumar Gupta, J. - (1.) The case of the petitioners is that they are major and capable of understanding their well-being, on 29.10.2018 performed marriage out of their free will, pressure, coercion and undue influence from any quarter in accordance with Muslim Law before Qazi as is evident from Nikah Nama annexed as Annexure-I, and also executed a Marriage Agreement before Notary Public, Jammu City on 29.10.2018 as is evident from Annexure-II. Thereafter, petitioner No.2 joined the company of petitioner No.1 as his legally wedded wife. After the solemnization of the marriage of petitioners, petitioner No.2 was beaten on many occasions by her family as she married to petitioner No.1 against the wishes of her family. Her family tried to get her married to some other person knowing very well that she is already married to petitioner No.1 and she left her parental house and started living with petitioner No.1.
(2.) It is also stated in the petition that since petitioners have married against the wishes of family of petitioner No.2, they threatened the petitioners and the family of petitioner No.1 of dire consequences. The marriage between the petitioners is not acceptable to private respondents. 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 Nos.5 to 8 as they have threatened the petitioners and the family of petitioner No.1 of dire consequences.
(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 Nos. 5 to 8. They have also stated that the threat perception looms large on their heads, as the respondent Nos.5 to 8 have threatened that they will do away with their lives.;


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