Patna High Court - Orders
Most. Shabana Khaton vs The State Of Bihar & Ors on 24 July, 2017
Author: Rakesh Kumar
Bench: Rakesh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No. 14454 of 2015
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Most. Shabana Khaton
.... .... Petitioner/s
Versus
The State of Bihar & Ors
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Anupa Nand Jha
For the Respondent/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR
ORAL ORDER
4. 24-07-2017In compliance with earlier orders and last order dated 29-06-2017, the Senior Superintendent of Police, Bhagalpur/respondent no. 5 has filed supplementary counter affidavit, in which, it has been indicated that during enquiry, prima facie, some doubt has been raised regarding claim of the petitioner. During enquiry, the so called Nikahnama of the petitioner was verified and some discrepancies were found, particularly; in respect of signature and as such, it has been decided to send the same for its examination by the Forensic Science Laboratory, Patna. In paragraph - 7, it has categorically been stated that signature of late Zaki Imam, the so called husband of the petitioner, in service book was in Hindi, whereas in Nikahnama, the signature of Zaki Imam was in English.
In the present case, the petitioner, claiming to be widow of one late Zaki Imam, who died in 2012 in harness, has Patna High Court CWJC No.14454 of 2015 (4) dt.24-07-2017 2/2 claimed that first wife of late Zaki Imam died in the year 2002 and thereafter, she solemnized marriage with him.
In the counter affidavit, a stand has been taken that though, petitioner has claimed that she married with Zaki Imam in the year 2004, the husband late Zaki Imam has not at all given any reference regarding marriage with the petitioner. It has also been indicated that as per nomination form, there is name of one Asho Khatoon. Besides this, I have also perused the petition and affidavit, which shows that on the date of affidavit i.e. 25-08-2015, the petitioner was about 30 years old and as per statement made in the writ petition, she had solemnized marriage in the year 2004.
Considering the fact that for further examination, it was decided to send Nikahnama to the F.S.L., Patna, the Court is of the opinion that the case can be kept in abeyance awaiting the report of the F.S.L. As prayed by learned State counsel, list this case after three months.
(Rakesh Kumar, J.) Anay U