LAWS(DLH)-1994-5-25

RANJINI MOORTHY Vs. MURSHID ABDULLAD MOHD

Decided On May 24, 1994
RANJINI MOORTHY Appellant
V/S
MURSHID ABDULLAH MOHAMMND Respondents

JUDGEMENT

(1.) The plaintiff has filed the present suit for declaration, stating that she was born on 06.11.1969, and that she is a Hindu by religion. It is also stated that the plaintiff was studying in Maharaja Siyaji Rao University, Baroda in the 1st year of Law when she met the defendant in August, 1992, who was also studying in 1st year of law. It is asserted by the plaintiff that she came under the undue influence of the defendant while studying in the LL.B. 1st year course. The plaintiff wants to dissolve the marriage which, according to the plaintiff, was performed on 11.08.1992 between the plaintiff and the defendant according to muslim rites at New Delhi.

(2.) It is also asserted by the plaintiff that no specific ceremonies or rites were performed. Nor her free consent was obtained. It's also asserted that she was required to sign a "nikahnama" which she signed under the influence of the defendant and in the presence of a Qazi Bismil Nizami at 105, Fana Manzil, Basti Hazrat Nizamuddin, New Delhi. It is also asserted that at the time of performance of the marriage, some friends of the defendant were present, but none was present from the side of the plaintiff. It is also asserted that the "nikahnama" did not bear the photographs of the parties, and the same was got attested from the Sub Divisional Magistrate.

(3.) The plaintiff further asserts that the attitude of the defendant, however, changed when the defendant met the plaintiff again at Baroda where she had gone to take her final year LL.B. examination.