SAHEDNNISA ALIAS BAKRUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners challenge the judgment and order passed by the learned Additional Sessions Judge1, Aurangabad dismissing Criminal Revision No. 20 of 2009 filed by present petitioners against the order dated 1.1.2009 passed by the learned 6th Judicial Magistrate, First Class, Aurangabad below Exhibit 1 in R.C.C. No. 1475 of 2008, thereby issuing process against present petitioners.

(2.) Some of the facts giving rise to this writ petition are undisputed at this stage. Petitioner No. 1 Sahednnisa is daughter of petitioner Nos. 2 and 3 and petitioner Nos. 4 to 8 are relatives of petitioner Nos. 1 to 3. When Petitioner No. 1 Sahednnisa was studying in final year of B.H.M.S., on 27.10.2006, she married Respondent No. 2 John Paul Antony alias Jann Mohd. However, they could not carry on together. Subsequently, Respondent No. 2 filed Criminal Writ Petition No. 128 of 2007 for issuance of writ of habeas corpus. In said writ petition, present Petitioner No. 1 Sahednnisa appeared before this Court and she maintained that she wanted to reside with her parents and did not wish to reside with Petitioner therein (present Respondent No. 2). In the circumstances, notice of writ came to be discharged. It is further not in dispute that Respondent No. 2 on 24.8.2007, filed petition in the Family Court, Aurangabad, for restitution of conjugal rights bearing Petition No. A271/2007. Subsequently, he also filed another petition No. A315/2007 against present Petitioner Nos. 1 to 3 for perpetual injunction restraining them from performing marriage of present petitioner No. 1 Sahednnisa with another person. By common judgment delivered by the Family Court on 31.8.2009, Petition No. A271 of 2007 was allowed, whereas petition No. A315/07 was rejected. Copies of the judgment and decree are placed on record of this proceedings.

(3.) Some of the allegations and contentions are disputed, such as, according to the petitioners, Respondent No. 2 had converted from Christianity to Muslim religion; that he had given talaq to petitioner No. 1 in presence of Kazi and other persons, so also executed a document on the stamp paper of Rs. 100/=. It is the say of present Respondent No. 2 that on 27.5.2007, petitioner No. 1 married one Mohammad Shamim.