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Showing contexts for: NIKAH in State vs . Abdul Atik Page No. 1/19 on 14 July, 2017Matching Fragments
On being crossexamined, she admitted that she knew the accused since 2011. She had met him for the first time in the college Jamia Milia Islamia where she had been studying. She denied that they used to love each other. She stated that she was using mobile during the period from 2011 to 2013. She stated that the mobile nos. 9873633376 and 8826031483 are of her mother and sister. She stated that she does not remember the time when she left the house for an interview on 10.07.2014 or when the accused met her on the way. She stated that she was not carrying mobile on that day. She denied that she had gone with the accused of her own to Tis Hazari where in the chamber of Mr. Komal Advocate, documents of FIR No. : 116/15 PS : Govind Puri their marriage were prepared and thereafter they went to Kazi where their nikah was performed and thereafter he dropped her at her house at 6 p.m. She denied that she went to Tis Hazari with the accused on his motorcycle. She denied having sent messages Mark B or they married each other willingly. She denied that her parents forced the accused to give her divorce since they belong to different castes and they did not want to marry her in different caste. PW2 Irshad stated that on 10.07.2014, the accused called him in Tis Hazari Court for his nikah with the prosecutrix. He with his friend went there. He performed nikah with her in their presence and he also signed on the nikahnama Ex.PW2/A. He stated that he had asked the prosecutrix if she is happy which she answered in affirmative.
PW9 Riyazuddin Amini was the Kazi who had performed nikah of the accused with the prosecutrix. He stated that on 10.07.2014 at about 3 p.m., the accused, the prosecutrix and two witnesses had come in chamber no. B145, Tis Hazari. They showed him their affidavits and age proofs. They thereafter went to Masjid Sher Shah Suri near Tis Hazari where he performed their nikah as per Muslim Sheriyat Law with their consents. They signed the nikahnama Ex.PW2/A and he also made entry in the register Ex.PW9/A. FIR No. : 116/15 PS : Govind Puri PW10 Ms. Anu Aggarwal stated that a complaint was filed by the prosecutrix on which an action taken report was called from the SHO. In that report, it was stated that the prosecutrix married to the accused on 10.07.2014 and it is a case of matrimonial dispute. Since, there were allegations of abduction and making physical relations forcibly, she directed the SHO to register the FIR vide order Ex.PW10/A. PW11 SI Jitender made endorsement Ex.PW11/A on the complaint and got registered the case vide FIR Ex.PW11/B. On 02.09.2014, he also received DD no. 50B, made inquiry and gave his report Ex.PW11/C that their nikahnama is genuine.
15. PW2, PW8 and PW9, who were the witnesses of the marriage of the prosecutrix with the accused, have stated that on 10.07.2014, the accused had performed nikah with the prosecutrix in their presence and they had also signed on the nikahnama Ex.PW2/A. PW2 and PW8 have stated that they have asked the prosecutrix if she is happy, she answered in affirmative. PW8 has stated that the Kazi had prepared nikahnama and it was read over to both of them. The willingness of the prosecutrix was obtained. She had told them that she loves the accused and wants to marry him. PW9 has stated that at about 3:00 p.m., the accused, the prosecutrix and two witnesses had come in the chamber no. B145, Tis Hazari and shown him their affidavits and age proofs. They, thereafter, went to masjid Sher Shah Suri where he performed their nikah as per Muslim Sheriat Law with their consents. He also proved the entry in the register Ex.PW9/A. Perusal of the documents would show that both prosecutrix and the accused had signed on those documents and affixed their photographs. As FIR No. : 116/15 PS : Govind Puri regards giving divorce by the accused, the accused has stated that he never divorced the prosecutrix and she is still his wife. In the instant case, the prosecution did not examine any person from the locality in whose presence the accused had allegedly divorced the prosecutrix as claimed by the prosecutrix in her testimony. The documents placed on record and the testimonies of the witnesses would show that both the prosecutrix and the accused were major when they did nikah.
17. Facts and circumstances of the case show that the prosecutrix and the accused knew each other and talk to each other. They belong to different castes. Her parents did not want her to marry in different castes. They decided to marry each other against the wishes of their parents. She willingly went with the accused to Tis Hazari Court where they did nikah in the presence of PW2 and PW8. PW9 performed their nikah in the masjid near Tis Hazari Courts. When the parents of the prosecutrix came to know of their marriage, they forced the prosecutrix to make complaint. PW11 has stated that he had verified the nikahnama from the Kazi. Conclusion: