HC orders probe into marriage agreement after woman denies knowledge

HC orders probe into marriage agreement after woman denies knowledge

Srinagar: The Jammu and Kashmir High Court has directed police to probe a marriage agreement that a woman claims never happened.
A single bench of Justice Ali Muhammad Magrey directed SSP Baramulla to entrust the investigation of the case to a “responsible officer” of the rank of Deputy Superintendent of Police or an Inspector.
The woman has contended that she came to know about the marriage agreement the moment she received summons from a court Baramulla on a plea filed against her by one Fayaz Ahmad Ganaie of north Kashmir’s Pattan area.
The court asked the Investigation Officer to carry out the probe without any favour to the accused on account of his official position.
In her plea before High Court, the woman claimed that she has neither been married by her parents to any one, nor has she entered into any kind of marriage agreement (Nikah) with any person. She claims to be unmarried.
The court also called records related to two cases—one filed by Ganaie before Sub-Judge, Pattan for restitution of conjugal rights and the other filed by the aggrieved woman before Principal Sessions Judge Baramulla against “fake marriage agreement”.
Sub-Judge Pattan has restrained the woman’s parents from contracting her marriage while Principal District and Sessions Judge Baramulla has subsequently ordered a restraint against Ganaie after the woman filed a suit seeking for declaring the Nikah null and void.
The woman pleads that in February, 2016 when she received summons from the Court of Sub-Judge Pattan along with copies of a plaint, she was shocked to find that the plaint related to a suit filed by Ganaie was against her for restitution of conjugal rights.
The woman pleads that with the assistance of her counsel she came to know about some documents fabricated by Ganaie which included Nikahnama, and said that when her family approached him, he denied any knowledge about the case.
“When I saw the Nikahnama, I found my signatures had been forged and I also did not know the witnesses whose names were mentioned in the Nikahnama and who had signed it as witnesses,” she pleads.
The woman said that after she brought the matter to the notice of the Sarpanch before a Panchayat, the Sarpanch called Ganaie and the two witnesses- Mushtaq Ahmad Wani son of Abdul Khaliq Wani of Seriwarpora and Imtiaz Ahmad Sheikh son of Ali Muhammad Sheikh of Sail, Beerwah.
“Both of them stated before the Panchayat that they did not know Ganaie and further categorically denied any knowledge about the Nikah between her Ganaie.”
Meanwhile, the court issued notice to government, calling for response to the petition by the aggrieved woman, within three weeks.

 

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