Delhi District Court
Samreen Bano vs Imran on 19 May, 2011
Suit no. 200/09 1 Date : 19.05.2011
IN THE COURT OF SH. ABHILASH MALHOTRA
CIVIL JUDGE, (CENTRAL-02), TIS HAZARI COURTS, DELHI
SUIT NO. 200/09
Samreen Bano
W/o Sh. Imran
D/o Sh. Mohd. Jamil
R/o 7231, Quresh Nagar
Sadar Bazar, Delhi ....Plaintiff
Versus
Imran
S/o Sh. Shafiquddin
R/o 1214, Gali Neem Tale
Rakab Ganj, Behind Delite Cinema
Darya Ganj, New Delhi - 110002 ....Defendant
Date of Institution: 04.06.2009
Date of Reserving for Judgment: 03.05.2011
Date of Judgment: 19.05.2011
EX PARTE JUDGEMENT
1. The present petition has been filed seeking dissolution of marriage by
way of decree of divorce under Muslim law. It is stated in the petition
that petitioner married to respondent on 23.09.04 alongwith muslim rites
with a dower of Rs. 25,000/-. It is stated that at the time of marriage parents of petitioner gave sufficient articles/gifts in the marriage to the family of respondent. It is stated that after the marriage both the parties Page 1/7 Suit no. 200/09 2 Date : 19.05.2011 cohabited in Delhi. However from the marriage no issue was born. The respondent and his family members were not satisfied with the gifts given at the time of marriage and the petitioner was repeatedly tortured and physically maltreated by the respondent and his parents. It is stated that the respondent and his family members used to abuse the parents of the petitioner in the most insulting language. The respondent and his family members were used to curse the petitioner in order to extract money from her parents. On refusal of the petitioner to succumb to unlawful demand of respondent and his family members, the respondent and his family members caused atrocities on petitioner due to which her parents were constrained to give handsome amounts various times.
2. It is stated that the respondent at the instance of his parents stopped talking to the petitioner. The respondent and his family members used to torture the petitioner by calling her sterile in the presence of relatives. The petitioner was also threatened regarding the second marriage of respondent by his family members. It is stated that respondent and his family members also used to discourage the visit of petitioner and his family members by showing disrespectful and nagging attitude. It is stated that the petitioner tried her best to adjust herself with the family of her husband and continued to discharge her matrimonial obligations as a faithful Muslim wife. But respondent and his family members failed to improve their hostility and antagonizing attitude towards the petitioner. It is stated that the respondent and his family members Page 2/7 Suit no. 200/09 3 Date : 19.05.2011 demanded a cash of Rs. 50,000/- which she and his family members failed to provide. It is stated that the petitioner was forced to live in a room without any light or amenities. The petitioner was also deprived of the daily meals and had to sleep without food many times. Petitioner was also declined medical facilities when she fell ill. The cloths and ornaments given in the marriage of the petitioner are kept in the custody of the respondent and his parents and the petitioner was only allowed to use them. The petitioner was turned out of her matrimonial house by the respondent and her parents in second week of April 2005 without any reasonable cause.
3. It is stated that the respondent is a hardened criminal and used to carry pistol and is involved in various criminal cases. It is stated that the respondent entered into the parental home of the petitioner on 28.02.05 and gave merciless beatings to the plaintiff. The said incident was reported to police and the respondent was arrested in case U/s 107/151 Cr.P.C. by police station Sadar Bazar, Delhi. It is stated that the respondent is bad character (BC) of Police Station Chandni Mahal, Delhi. It is stated that due to the cruelty on the part of respondent. It has become impossible for petitioner to reside in the company of respondent as his wife. Being constrained from aforesaid circumstances the present petition seeking dissolution of marriage under Muslim law has been filed.
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4. In present case the respondent was duly served and was proceeded ex-parte by order dated 12.08.2010 passed by my Ld. Predecessor. The petitioner in order to discharge his burden has examined PW1 to PW8.
5. PW1 is Smt. Samreen the petitioner herself. The petitioner in her affidavit in chief has reiterated and reaffirmed the averments made in the plaint. PW2 Sh. Mohd. Jameel in his testimony has stated that he is father of the petitioner and was a witness to marriage dated 23.09.04. It is stated that the marriage was performed in his presence against mehar of Rs. 25,000/-. It is stated that the consent of both the parties was obtained in his presence. He has identified his signature at point X in nikahnama which is Mark A/Ex PW8/C. PW2 has stated that his daughter has complained to him many items regarding the taunting and physical beating. It is stated that on demand of respondent he has given money many times. It is stated that respondent and his family members used to abuse the petitioner and used to demand money from them and on refusal they used to beat the petitioner. It is stated that he and his family members were not allowed to meet the petitioner and petitioner was threatened regarding the second marriage of the respondent. He has also stated that the petitioner was kept in room without any light and amenities and was not provided any food and medical facilities. He has stated that in second week of April 2005 the petitioner was turned out of her matrimonial house and since then the petitioner is living with him. It is also stated that on 28.02.05 the Page 4/7 Suit no. 200/09 5 Date : 19.05.2011 respondent gave mercilessly beatings to the petitioner at his house and a case U/s 107/151 Cr.P.C. is registered.
6. PW3 Sh. Abdul Majeed has stated that he was witness to marriage between petitioner and respondent and has identified his signature at point Y in the nikahnama Mark A/Ex. PW8/C. PW4 Sh. Mohd. Saleem has stated that he was witness to marriage between petitioner and respondent and has identified his signature at point Z in the nikahnama Mark A/Ex. PW8/C.
7. PW5 Sh. Mohd. Mursaleen has also stated that he was witness to the marriage of petitioner and his family and identified his signature at point W in the nikahnama Mark A/Ex. PW8/C. He has also stated that even after marriage he was visiting the house of petitioner and respondent at their matrimonial home. It is further stated that the petitioner was tortured by the respondent and his parents in his presence and a demand for dowry was also made. He has also stated that the respondent is bad character of the area and has been convicted in many cases.
8. PW6 HC Rajender Singh has brought on record kalndara no. 107/151 Cr.P.C. dated on 1.03.05 and he has stated that as per record the kalndara has been made against Mohd. Imran.
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9. PW7 HC Sunil Kumar has brought on record copy of FIR no. 444/05 section 452/307/34 IPC lodged in PS Chandni Nagar. He has stated that as per the record FIR has been registered against Sh. Imran Son of Shafiquddin.
10.PW8 Sh. Mobinul Hoda Khan has stated that he was the Qazi in marriage of petitioner and respondent and marriage was performed on 26.09.04. It is stated that in marriage there was one Vakil Sh. Mohd. Mursaleem and two witnesses namely Sh. Abdul Majid and Sh. Mohd. Saleem. He has stated that both the parties were major at the time of marriage and marriage has been performed with their due consent and in consultation of the family members. It is stated that mehar in the marriage was decided at Rs. 25,000/- which has not been paid by the respondent to the petitioner. He has proved nikahnama Ex. PW8/C (OSR). He has identified the signature of Sh. Imran at point A and Smt. Samreen at point B exhibited in nikahnama PW8/C.
11.The averments made in the plaint and document brought on record have remained unrebutted. It is clear from the record that the petitioner was married to respondent on 23.09.04. It is also clear from the record that respondent and his family members have caused various cruelties and sufferings to the petitioner which made her life miserable. Ex. PW6/A and Ex. PW7/B shows that the respondent is having a criminal background and is involved in criminal cases. The fact regarding the beating of petitioner by the respondent in his parental home is also Page 6/7 Suit no. 200/09 7 Date : 19.05.2011 proved by Ex. PW6/A which shows that complainant under section 107/151 Cr.PC. was lodged against respondent. The petitioner has been turned out of her matrimonial home and is living in his father's home. From the facts and circumstances it is clear that respondent and his family members have caused many atrocities on the petitioner thereby making it unsafe and difficult for the petitioner to live in company of respondent.
Therefore in view of Section 2 (viii)(a) of Dissolution of Muslim Marriages Act 1939, the marriage between the petitioner Samreen D/o Sh. Mohd. Jamil and respondent Imran S/o Sh. Shafiquddin is dissolved by way of decree of divorce.
Decree sheet be prepared accordingly.
File be consigned to record room.
Announced in the open (Abhilash Malhotra)
court on 19.05.2011 Civil Judge, Central-02
Tis Hazari Courts,Delhi
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