Delhi District Court
Vandana Kumari vs Abdul Basit on 26 October, 2009
Dated : 26.10.09 1 ML No. 31/08
IN THE COURT OF SH. JITENDRA SINGH
CIVIL JUDGE 02-CENTRAL, DELHI
ML NO. 31/08
Instituted on : 11.03.08
Case Reserved on : 15.10.09
Decided on : 26.10.09
IN THE MATTER OF :-
Vandana Kumari,
D/o Rajpal Singh,
R/o RZ 3/94, East Sagarpur,
New Delhi - 46 ........Plaintiff
VERSUS
Abdul Basit,
S/o Hasan Ali,
R/o 661/12 Ground Floor, Zakir Nagar, Jamia,
New Delhi- 110025. .........Defendant
Suit for Declaration of marriage between the Plaintiff and
Defendant as null and void
Ex parte Judgment
1.This is a suit for declaration wherein the Plaintiff has Dated : 26.10.09 2 ML No. 31/08 prayed for a decree to declare the marriage between the Plaintiff and the Defendant as null and void and to declare the Mehar Ikrarnama as fabricated and false document on the ground of fraud.
2. Briefly stated it is the case of the Plaintiff that Plaintiff is employed as Auxiliary Nursing Midwife under the Director of Health and family welfare and Defendant is said to be a Doctor working in the Safdarjung Hospital in Delhi.
3. It is further stated by Plaintiff that on 22.01.2007 the Defendant executed a Mehar Ikrarnama with the Plaintiff at Ghaziabad and registered it with the Sub Registrar Ghaziabad. The Plaintiff alleged that the aforesaid Mehar Ikrarnama was executed in lieu of allurement caused by the Defendant to believe her that she is married to the Defendant and under this impression the Plaintiff was asked to handover the amount of Rs. 90,000/- to the Defendant at Lathiani . It is further stated that Defendant was working in a planned manner and he did not take money directly from the Plaintiff account but the Plaintiff was asked to transfer the money in the account of Smt. Premi Devi and Premi Devi withdrew the whole amount from her account and handed over the same to the Defendant. The whole act of Defendant including Dated : 26.10.09 3 ML No. 31/08 execution of Nikah Nama and Meher Ikrarnama, was only to cheat and deceive the Plaintiff. It is further stated that during execution of the document the Defendant has played fraud upon the Plaintiff as the address furnished by the Defendant is fake. It is further stated that Defendant and his friends have cheated the Plaintiff physically and mentally and a large amount of money has been extorted from the Plaintiff and the Plaintiff has been exploited under promise of marriage and the conspiracy was committed by extorting money from the Plaintiff by executing a fake Mehar Ikrarnama. Hence the present suit.
4. The Defendant was deemed to have been served , but the Defendant didn't appear. Therefore he was proceeded against exparte vide order dated 06.10.09.
5. Vide order dated 11.07.09 the name of the Defendant no.2 was deleted from the array of the parties.
6. Ex-parte evidence was led and the Plaintiff has examined herself as PW1 and Sh. Rajpal Singh as PW2. The Plaintiff stepped into the witness box examined herself and reaffirmed the averments of her plaint. The Plaintiff has stated in her affidavit by way of evidence that the Mehar Ikrarnama dated 21.01.2007 executed between the Defendant Dated : 26.10.09 4 ML No. 31/08 and Plaintiff is null and void. It is also stated that Defendant had fraudulently taken Rs. 90,000/- from the Plaintiff for the expenses of VISA and passport.
7. PW 1 has relied on the following documents in her support :
(i) Ex. PW1 is the Mehar Ikrarnama
(ii) Mark PW2 is the photocopy of the passbook of the account of Plaintiff which shows that Rs. 90,000/- has been transferred into the account of Smt. Premi Devi.
7. I have heard arguments advanced by Ld. counsel for the Plaintiff & perused the material available on the record.
8. Nobody put in appearance on behalf of the Defendant to cross examine the witness. Thus all the facts pleaded by the Plaintiff are deemed to have been proved. Adverse inference is to be drawn against the Defendant for not appearing in the court and not leading evidence.
9. The unrebutted and undisputed testimony of the Plaintiff stands established as the Defendant has chosen not to contest the case. The court has no reason to disbelieve the unchallenged testimony of the Plaintiff .
10. In my considered opinion, the Plaintiff has been able to establish his case and tilt the balance of probability in her Dated : 26.10.09 5 ML No. 31/08 favour. The Plaintiff is thus entitled to a decree of declaration that the marriage between the Plaintiff and the Defendant as null and void as the Mehar Ikrarnama executed between Plaintiff and Defendant dated 22.01.07 is declared as fabricated and false document and thus, null and void .
11. This case is accordingly decided in favour of the Plaintiff and against the Defendant. Decree sheet be prepared accordingly. File be consigned to the record room.
Announced in open Court ( JITENDRA SINGH)
on 26th day of October 2009 CIVIL JUDGE-02 (CENTRAL)
DELHI