Mohammed Asaf vs UT Of Jammu And Kashmir And Others

Sanjeev Kumar, J

1 The petitioner has filed this petition in the nature of Writ of Habeas Corpus directing respondents 1 to 4 to produce his wife, namely Shaista Kosser, D/o Mohd Maqbool, respondent No.5 herein, resident of Rajddhani Tehsil Manjakote, District Rajouri on the allegation that she has been wrongfully confined by the respondents. The petitioner submits that he as also his wife Shaista Kosser are major and have contracted their marriage on 20.06.2022 out of their free will and volition and as per Shariat law. A copy of Nikahnama is also placed on record.

2 Vide order dated 12.06.2023, this Court had directed the SHO P/S Manjakote to produce Shaista Kosser before this Court. She is present in the Court. On being orally examined by the Court, she states that she is major having been born on 10.03.2005, as such, she is well within her right to choose a life partner of her own. She categorically states that she is legally wedded wife of the petitioner and, therefore, would like to reside with him as her wife.

3 The statement of Shaista Kosser was also got recorded through Registrar Judicial of this Court in which she reiterated the aforesaid position.

4 Having heard learned counsel for the parties and perused the material on record, I am of the considered opinion that Shaista Kosser having been born on 10.03.2005 is major and, therefore, well within her right to choose a life partner of her own. She is capable of taking a decision as to whether she would like to stay with her husband, the petitioner herein or her father, respondent No.5.

5 The fact that Shaista Kosser is major and is born on 10.03.2005 is supported by her Secondary School Examination Certificate placed on record by the petitioner.

6 In view of the categoric statement made by Shaista Kosser before this Court as also before Registrar Judicial , it is abundantly clear that Shaista Kosser, who claims to be the legally wedded wife of the petitioner wishes to live and stay with the petitioner as his wife and not with her father, respondent No.5.

7 For the forgoing reasons, this petition is allowed. The respondents, in particular, respondent Nos. 2 to 4 are directed to set Shaista Kosser free form their custody and allow her to join the petitioner. This Court, however, would like to make it clear that it has not expressed any opinion on the validity or otherwise of the marriage which is stated to have taken place between the petitioner and Shaista Kosser.

Disposed of as such.