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2019 Supreme(J&K) 347

SANJAY KUMAR GUPTA
Rubana Naz – Appellant
Versus
Director General of Police, J&K, Police Headquarters – Respondent


Advocates Appeared:
For the Petitioner(s):Mr. Mohd. Shabir, Advocate
For the Respondent(s): Mr. Raman Sharma, Dy. AG

JUDGMENT :

1. The case of the petitioners is that they are major and were having a love affair for the last more than one year and a half year. They disclosed the fact of their love affair to their respective parents and requested them for solemnization of marriage between the petitioners to which the parents of petitioner No.2 agreed but the parents of petitioner No.1 got annoyed with the petitioners. Even the parents of petitioner No.1 told petitioner No.2 that if in future even he tried to see their daughter they will eliminate him. Constrained by the above mentioned situation both the petitioners being major and capable of understanding their well-being, on 03.01.2019 out of free will, pressure, coercion and undue influence from any quarter, performed Nikah Nama as per Muslim rites and customs before Qazi in a Mosque and Nikah Nama was also issued by Qazi as is evident from Annexure-A. They also executed a marriage agreement on 04.01.2019 as is evident from Annexure-B. Thereafter, petitioner No.1 joined the company of the petitioner No.2 as his legally wedded wife. After the solemnization of the marriage between the petitioners, respondent Nos.4 & 5 have made the lives of the pe

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