‘Ramaban’s Monica Placed Like Hadiya, Free To Live with Her Husband’   

SRINAGAR — Courts cannot annul marriages between two consenting adults or resort to a “roving enquiry” on whether the married relationship between a man and woman is based on consent, the supreme court said in a famous case of Hadiya.

Following the suit, the Jammu and Kashmir on Thursday ordered that one Monica Devi (now Asma) is free to move according to her will and wish with her husband, namely, Mohammad Nayeem, who had filed a petition seeking protection from the relation of the Monica’s family. 

As per sequence of events, as emerge from petition, Nayeem got married to Monica Devi (Asma) of Ramban. In his plea, Nayeem said Monica was 19 years of age and, on 3rd of November, 2017, she entered into wedlock with him out of her free will and volition. He pleaded that, after their marriage, they lived peacefully as husband and wife. He said that this marriage did not augur well with the some family members of the girl and they got annoyed and are bent upon to cause undue interference in the peaceful matrimonial life of him and his wife. Nayeem said that he and his wife were threatened by them and were forced to leave their house. He also contended that family members lodged a false and frivolous case against them at Police Station, Ramban. In the plea, he said petition under Section 561-A in which the Investigating Agency has been directed to ensure that the directions issued by the Court are not flouted. Nayeem has proceeded to state that the family members took his wife from the Court premises and confined her at some unknown place, probably at the residential house of “the respondent Nos. 3 and 4” and, therefore, they are guilty of wrongfully confining her.  

On 30th of November, 2017, the court had directed the Station House Officer (SHO), police Station, Ramban, to submit a status report and, subsequently, by order on 7th of December, 2017, he was directed to ensure the presence of Monica Devi (Asma) before the Court on the next date. On 11 May this year, Monica Devi (Asma) was produced before the Court, who was identified by the counsel for the petitioner, Musavir Mir. Accordingly, the Registrar (Judicial) of the High Court was directed to record the statement of Monica Devi (Asma). The Registrar Judicial recorded her statement on the same date in which she stated: “that I am studying in the B.A. 2nd year in the government Degree College, Ramban. That I have love affair with the petitioner Mohammad Nayeem since last three years. That my relatives lodged an FIR against the petitioner with Police Station Ramban on false grounds. Then I married with the petitioner at Srinagar on 03.11.2017. That I and the petitioner entered into a marriage agreement at Srinagar. That Nikah was also performed before some Molvi at Soura. That the police took me from outside the High Court Premises and I was taken to Ramban. Then I was forced to give a statement before the Court at Ramban. That I was kept at Ramban in the home of maternal uncle namely Mangal Singh for few months. Then I was being pressurized by my relatives to give a similar statement before the Hon’ble High Court. Then I came out of the home of my maternal uncle and telephoned the petitioner. That a second FIR was also lodged against the petitioner by my mother which is also baseless. That I am presently living with the petitioner at Srinagar out of my own free will and consent and without any coercion and compulsion. I want to live with the petitioner who is my husband.”  

After hearing both sides, the high court allowed Nayeem’s plea and ordered that Monica Devi(Asma) is free to move according to her will and wish with her husband, namely, Mohammad Nayeem. 

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