MOHD. SHARIF 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 and relatives of petitioner No.2 got annoyed. Even parents and relatives of petitioner No.2 told petitioner No.1 that if in future petitioner No.1 tried to see their daughter, they will eliminate him.

(2.) Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 12/1/2019 performed Marriage as per Muslim Law, out of free will, pressure, coercion and undue influence from any quarter as is evident from Nikah Nama (Annexure-II). They also executed a Marriage Agreement dtd. 12/1/2019 duly attested by Notary Public, District Jammu. 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 parents of petitioner No.2, respondent Nos.4 and 5 and their relatives have made the lives of the petitioners miserable. Respondent Nos.4 and 5 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. The movements of the petitioners have been restricted in view of the continuous harassment and threat perception at the hands of respondent Nos.4 and 5 and their relatives as they have openly declared that they will kill both the petitioners.

(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 Nos.4 and 5 and their relatives. They have also stated that the threat perception looms large on their heads, as the respondent Nos.4 and 5 and their relatives have openly declared that they will do away with their lives.