SAMEERA BASHIR Vs. STATE

JUDGEMENT

(1.) This Letters Patent Appeal has been preferred against the judgment and order dtd. 26/7/2016. The petition purportedly filed by the appellant herein and respondent No. 4 was disposed of by the Writ Court on the lines of the direction issued in Lata Singh's Case reported in AIR 2006 SC 2522. The Writ Court had proceeded to dispose ofthe writ petition purportedly on the basis of the averments made in the writ petition that the petitioners had married each other of their own free will and choice.

(2.) In the present LPA, the appellant Sameera Bashir claimed that she had been exploited and the fact that the respondent No. 4 was earlier married had deliberately and intentionally not been disclosed to the appellant. It is also her case that she was not the wife of the respondent No. 4 and had even challenged the Nikah Nama on which reliance was being placed upon by respondent No. 4. In that view of the matter during the pendency of the present LPA proceedings, the matter was referred to a mediator who appears to have conducted the proceedings which has lead to an agreement between the parties. The agreement is dtd. 23/10/2018.

(3.) During the pendencyof the present LPA, a co-ordinate Bench of this Court vide order dtd. 26/11/2018 had ordered that respondent No. 4 shall remain bound by the terms of the agreement arrived at between the parties and that the civil suit for declaration which may be filed by the appellant herein, declaring the Nikah Nama and Marriage Agreement dtd. 20/6/2016 as null and void shall be so declared in terms of the agreement arrived at between the parties.