The Third Additional Civil Judge and JMFC Court has ordered the registration of a criminal case against a woman for marrying thrice. Her family has also been booked.
The complainant is Faizal Ahmed Khan and the court has ordered the criminal case against Faizal’s wife Nazia Asma, her father Abdul Gafar Shariff, mother Haseebha Khanum, Nizam Shariff and Ishrar Shariff for offence punishable under Sections 107, 108, 120-A, 120-B, 494 & 496 r/w Section 34 of IPC 1860.
In his complaint, Faizal has stated that his wife Nazia Asma without disclosing her first marriage with Asif Ali Farooqui, on 29.08.2003 under the Special Marriage Act at the office of the Sub-registrar/Marriage officer at Channapatna, with Registration No.4/03-04 married him (Faizal) at Milan Function Hall on the Mysuru-Bengaluru Road on 21.07.2008.
He has stated in the complaint that his wife has filed criminal cases against her first husband Asif Ali Farooqui and his family members under section 496, 384, 385, 466, 469, 471 r/w 34 of IPC before the Third CJM, Mysuru. His wife has also filed criminal cases under section 498 (a) of IPC against him and five of his family members. Faizal has further stated in his complainant that his wife has also married for the third time to Ishrar Shariff without obtaining divorce from any of them till date.
The court taking cognizance of the complainant filed by Faizal under section 494 of IPC said: “Marrying again during lifetime of husband or wife, whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
It directed the jurisdictional N R Mohalla Police Station to register and investigate the matter (PCR-1085) under Section 156(3) of Cr PC and report to the court on 20.09.2016. Faizal is represented by his Advocates S Arunkumar and Rashmi Arun of Pragabhi Law Associates, Mysuru.
Photo Caption: From L to R: Abdul Gaffar Shariff, Haseebha Khanum, Nizam Shariff, Nazia Asma Gafar, Ishrar Shariff.