- (1.)"Frailty thy name is woman" Shakespeare has revealed one of the facets of human instincts. The saying of this great writer, it appears, has assumed life in the facts of this case.
(2.)Safina Bi is born to Shahmida Bi, an unmarried woman, who claims that respondent is the father of the innocent sibling. The minor child Safina Bi is suffering because the parents, in cruel disregard to the ethics and norms of life, without entering into marital knot, co-habited resulting in her birth, conse quently to suffer throughout her life at the altar of naked fraud and un-abashing deceit.
(3.)Shahmida Bi and Parvez Ahmed are both residents of village Khanetar Dalera Poonch and both were studying in Government High School Khanetar. In petition filed under Section 488 Cr.P.C before the court of learned Chief Judicial Magistrate Poonch, it was stated that Shahmida Bi and Parvez Ahmed belong to one village and were studying in same school, the respondent alleg edly enticed and induced Shahmida Bi and on the promise of contracting marriage with her, abused her physically and she accordingly has begotten Safina Bi to the respondent on 28.4.2003. Pleadings made in the petition under Section 488 Cr.P.C reveal that because of the physical relationship between Shahmida Bi and the respondent, Shahmida Bi got impregnated. When this was brought to the notice of the respondent, he instructed Shahmida Bi not to abort the child as respondent would marry her. Immediately after the birth of Safina Bi respondent married some other girl. Shahmida Bi claimed Safina Bi to be the child of respondent so she claimed maintenance from him.