SAHIBA BANO Vs. STATE OF J & K
LAWS(J&K)-2019-3-160
HIGH COURT OF JAMMU AND KASHMIR
Decided on March 25,2019

Sahiba Bano Appellant
VERSUS
STATE OF J AND K Respondents




JUDGEMENT

Sanjay Kumar Gupta, J. - (1.)The case of the petitioners is that they were having liking for marriage with each other, but their marriage proposal was always rejected by the private respondents and they were against the wishes of the petitioners for getting married and constrained by the above mentioned situation both the petitioners being major and capable of understanding their well- being, on 26/11/2018 executed marriage agreement and performed Nikahnama on 9/1/2019 in accordance with Muslim Shariet Law. The petitioners have contracted their marriage with each other out of free will, without any pressure, coercion and undue influence from any quarter.
(2.)It is further stated in the petition that after solemnization of the marriage, petitioner No.1 joined the company of petitioner No.2 as his legally wedded wife, but respondent No.3 and 4 who are father and brother respectively of petitioner No.1started interfering in their life and have made lives of the petitioners miserable as both of them had married against the wishes of private respondents. The movements of the petitioners have been restricted in view of the continuous harassment and threat perception at the hands of private respondents as they have openly declared that they will kill both the petitioners in order to satisfy their ego.
(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.3 and 4. They have also stated that the threat perception looms large on their heads, as the respondent Nos.3 and 4 have openly declared that they will do away with their lives.


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