MD.AZAD HUSSAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is the order on the allegation of Yasmin Khatoon Opposite Party No. 2 who appeared in person before me in the Court on 29.1 .2008 duly identified by her Counsel Mr. Krishna Kumar Mishra. She complained that she was not present before the Conciliator, JHALSA on 16.1.2008, pursuant to the Court's order dated 23.11 .2007. As a matter of fact, she came to learn from her father that her husband Md. Azad Hussain (Petitioner No.1) had produced an imposter in her place introducing as his wife before the Conciliator and obtained her signature on the relevant document of declaration of compromise.

(2.) MR . Krishna Kumar Mishra, learned Counsel for the Opposite Party No. 2 informed this Court on 28.1.2008 that an imposter lady was produced by the petitioner No. 1 in place of Opposite Party No.2 before the Conciliator and collusive consent was obtained on the compromise petition, on the basis of which, the learned Conciliator reported the matter that the dispute was resolved. Pursuant to such information given by Mr. Mishra and oral complain of the O.P. No.2, a report was called for from the Conciliator, JHALSA with the relevant documents by the order dated 28.1.2008 and the Conciliator submitted the report on 29.1.2008.

(3.) THE Conciliator, JHALSA has submitted two reports. In the first report dated 17.1.2008 it was stated that conciliation session held on 16.1.2008 wherein both the parties resolved and settled their disputes and admitted having been living together for the last 6 -7 months as husband and wife with their 8 years old son. The Conciliator further reported that the O.P. No. 2 Yasmin Khatoon narrated before him that she had no more grudge and malice against her husband and in -laws and was desirous that they should not serve the jail sentence any more, otherwise, it would hamper her conjugal life. It was undertaken by the petitioner -husband that his wife would have no complain against him in future and that he would maintain her with full dignity and honour. The compromise papers were reduced in writing and the same were sent with the relevant undertaking of the petitioner -husband as well as the declaration made by so -called Opposite Party No. 2 Yasmin Khatoon. The declaration as made by socalled Yasmin Khatoon on 16.1.2008 was reduced in writing by Mr. R.K. Singh, Advocate with the endorsement that she was unable to write and that she put her signature in his presence. The Conciliator executed endorsement that it was drawn in his presence.