SAYED PARVEZ ALI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Mrs. Kejriwal. Perused the proceedings. It appears that the petitioner got married with one Fatima on 6th April, 1993, in accordance with Muslim rites and customs before Kazi Mohd. Akhttar Shaikh at Bandra (West ). Photographs were taken of the said ceremony while Nikah was being performed and the husband and wife started residing together. It further appears that wife's father lodged a complaint against the petitioner on the ground that she was a minor at the time of marriage. Accordingly, offence under section 363 of the Indian Penal Code came to be registered against the petitioner.

(2.) THE case of the petitioner is that Fatima is not only his legally wedded wife, but that he has stated that she came to him for the purpose of getting married with him on her own accord and will. He has also submitted that Ration Card No. 3090834 issued on 6th March, 1991 by the Rationing Officer, Thane showed that the age of Fatima was 18 years when he married her and that Fatima was not a minor but an adult, who on her own will, desire and volition married the petitioner.