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2020 Supreme(J&K) 31

SANJAY KUMAR GUPTA
Mohd. Pervaiz – Appellant
Versus
Union Territory Of J&K – Respondent


Advocates Appeared:
Mr. Shamas-Ud-Din Shaaz, Advocate, for the Appellant; Mr. Raman Sharma, AAG, for the Respondent Nos. 1 to 6.

JUDGMENT

1. The case set up in this petition is that both the petitioners are major. They disclosed the fact of their love affair to their respective parents and also requested for the solemnization of marriage to which the parents of petitioner No.1 agreed but the parents & relatives of petitioner No.2 especially respondent Nos.7 to 13 got annoyed with the petitioners. Even the parents and relatives of petitioner No.2 told the petitioner No.1 that if in future he tries to see their daughter they will eliminate petitioner No.1.

2. It is also stated in the petition that constrained by the above stated situation, both the petitioner being capable of understanding their well being, performed Nikah on 22.01.2020 in accordance with Muslim Law and customs. They also executed marriage agreement on 01.02.2020. Thereafter, petitioner No.2 joined the company of petitioner No.1 as his legally wedded wife. After solemnization of marriage of the petitioners, respondent Nos.7 to 13 and their relations had made the lives of the petitioners miserable as both of them had married against the wishes of respondent Nos.7 to 13.

3. They have proceeded to state that their movement has been restricted in v

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