NOSHAD AHMED Vs. SAFEENA BI

JUDGEMENT

(1.) In the instant petition filed under Section 561-A Cr. P.C., petitioner seeks quashment of order dated 25th August, 2017 passed by the learned SubJudge, Special Mobile Magistrate, Poonch.

(2.) The facts, as are emerged from the study of the file under consideration are that the petitioner-a private driver by profession got married with respondent under the Muslim Law. In this regard, Nikhanama was solemnized with the respondent as per Shariet Law in presence of the witnesses and other respectable citizens on 28th May, 2013 at Ghani, Tehsil Mendhar, District Poonch. The petitioner and the respondent remained as husband and wife only for a period of 5/6 months and thereafter, the respondent left the house of the petitioner with some ornaments and did not return back to the house of the petitioner. After some time, the petitioner approached the respondent for the purpose of bringing her back to his house, but she did not come back and thereafter, some respectable persons of the locality gathered and took a decision that the respondent shall come back to the house of the petitioner, but she did not return to the house of the petitioner. Then again, the petitioner and other family members of both the parties met together and on asking of the aforesaid persons, respondent came back to the house of the petitioner at Banwat, Poonch and remained with her husband (petitioner) for about six months in 2014.

(3.) It is pleaded in the instant petition that in the year 2015, respondent again left the house of the petitioner without any reason and in the absence of petitioner along with gold ornaments, as he was out of District Poonch with private vehicle. Even, she did not take consent of the parents of the petitioner. One of the neighbours of the petitioner said that she made a statement that one of her relatives had died at Mendhar, as a result whereof, she is leaving the house of the petitioner. Thereafter, she did not return to the house of the petitioner despite the fact that the petitioner and his family members approached the respondent number of time for bringing her back to their house, but all in vain.