MOHD FAROOQ Vs. GULSHAN WANI

JUDGEMENT

(1.) THROUGH the medium of the present criminal revision, the petitioner has challenged order dated 04. 08. 2007 passed by the learned Sub Judge, Reasi whereby complaint filed under Sections 494/ 497/120-B RPC has been dismissed.

(2.) THE facts of the case are that a com19plaint came to be registered before the Court of learned Sub Judge, Reasi by the complain19ant-petitioner, wherein it is stated that ac19cused-respondent No. l has entered into marriage with the petitioner on 25. 02. 2007 in accordance with Shariat and during the subsistence of marriage, she solemnized another marriage with respondent no. 2 on 07. 05. 2007. It is unlawful for a mohammandan women to have more than one husband at a same time. The second marriage by a woman, who has her husband alive and has not been divorced by him, is void. The respondents 3 to 5 have conspired in the commission of second marriage be19tween respondents 1 and 2. The complaint was got enquired upon under Section 202 cr. P. C. through Sub Divisional Police Of19ficer, Mahore, who reported that after re19cording the statements of the witnesses of both the sides and keeping in view the docu19ments produced in support thereto, he has come to the conclusion that the question with regard to validity of Nikhanama dated 25. 02. 2007 and Nikahanama dated 07. 05. 2007 needs deep probe by the civil/marriage court to ascertain their validity.

(3.) AT the time of first Nikhanama Mst. Gulshan Wani-respondent No. 1 was minor of 17-1/2 years of age, whereas in the sub19sequent Nikahana, she was major and was capable of taking a decision. It is further stated that under the Muslim Personal Law, the petitioner also approached the Mufti-e-Azam of the State and on presentation of the facts before the Personal Law Board of the State, it issued a Fatwa against respondents 1 and 2 for having contracted second marriage while the first marriage was in existence. The learned trial Court after hearing the complainant dismissed the complaint vide Order dated 04. 08. 2007, which is subject matter of challenge in the present petition, as indicated above.