MUZAFFAR ALI SAJJAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition has been filed by A-1 to A-4 and A-6 to A-8, who were facing the trial in C.C. No. 101 of 1997 before the II Additional Metropolitan Magistrate, Hyderabad for quashing the proceedings. The original complaint is filed by one Syed Mazher Hussain i.e., the 2nd respondent herein, with the following averments.

(2.) It is stated that A-1 and A-2 are the parents of A-3, A-4 Smt. Wajidunnisa Begum is the younger sister of A-2, A-5 Afsari Begum is the real mother of the girl viz., Mahjabeen Fatima, whose marriage was performed illegally with A-3 Mr. Muzamil Ahmed Sajid on 24-2-1997 at 7-00 p.m. in Sameera Function Hall, Lad Bazaar, Hyderabed. It is further stated that A-6 is the Murshad of A-1 to A-3, who delivered the sermon of marriage and A-7 participated and acted as the guardian of the girl Mahjabeen Fatima. As a matter of fact, A-7 is not the guardian of the girl Mahjabeen Fatima. A-8 and A-9 are the witnesses too the said marriage. A-5, Afsari Begum is the real mother of the girl Mahjabeen Fatima. A-4 Wajidunnisa Begum is not the real mother of the girl Mahjabeen Fatima. A-4 is issueless and she did not give birth to any female child. It is contended that the girl Mahjabeen Fatima was born on 4-1-1980. Thus the accused performed the marriage of the girl below the age of 18 years, which is an offence punishable under Sections 4, 5 and 6 of the Child Marriage Restraint Act, 1929. With these averments, the complaint was filed. Then the accused appeared before the trial Court. Before commencing the trial, the present petition has been filed by the petitioners herein for quashing the proceedings in C. C. No. 101 of 1997.

(3.) The learned counsel Mr. K. Raja Reddy appearing on behalf of the accused-petitioners herein submitted at the Bar that the Muslim girl can marry after attaining the age of puberty. The Child Marriage Restraint Act is not applicable to the Muslims.