Early Times Report
JAMMU, Feb 23: A Single Bench of Jammu and Kashmir High court has quashed the application filed before the Court of Learned Sub Judge Special Mobile Magistrate, Poonch wherein the court ordered that Tabassum Bano and Javed Iqbal had entered into wedlock on 12.07.2017 and exercise initiated by the petitioner is outcome of overthought. HC directed the Police authorities to investigate the case, the source of which is the complaint moved against Mohd. Farooq.
The background facts in which HCP No. 53/2017 has been filed before this Court are that the petitioner, in this petition, namely, Mohd. Farooq contends that he married respondent No.11, namely, Tabassum Bano on 15.11.2017 and this marriage was solemnized in accordance with the norms of Muslim Personal Law under Shariat Application Act, at Poonch, in presence of the witnesses. The petitioner has proceeded to state that after the solemnization of the marriage, the respondent Nos. 5 to 10 took away his wife from his custody, whereafter the petitioner approached the respondent Nos. 3 and 4 for entrusting the custody of his wife to him but to his utter dismay he was told by respondent Nos. 5 to 10 that they want to marry her with some other person which was not accepted by his wife and, as such, the petitioner apprehends that the respondents will kill his wife.
Counsel for the petitioner submits that during the pendency of the aforesaid petition, the petitioners filed a petition under section 561-A Cr.P.C seeking quashing of proceedings initiated in an application filed under section 100 Cr.P.C on the ground that Tabassum Bano and Javed Iqbal have entered into a wedlock on 12.07.2017 and the exercise initiated by respondent No.3, that is the petitioner in HCP No.53/2017 is the outcome of an afterthought and is not sustainable.
Tabassum Banoo recorded in her statement that she got married to Javed Iqbal S/o Mohd. Bashir R/o Bedar Balnoi, Tehsil Mandi, District, Poonch before a period of seven months. Mohd. Farooq, the petitioner in HCP along with his brother, his uncle and brother-in-law and his relatives abducted her at a time when she was on way to Poonch. They took her to the house of Mohd. Afzal, i.e, uncle of the petitioner. They confined her there for a period of two days during which Mohd. Afzal thrashed her and his brother Mushtaq Ahmed violated her sexually. She was locked in a store-room.
Justice M K Hanjura after taking into consideration the statement of Tabassum Bano, held that there appears to be no merit and substance in the petition of Mohd. Farooq wherein he has stated that Tabassum Bano is his legally married and wedded wife and that she has been confined by the respondents in their house against her will and wish. On the face of statement of Tabassum Bano, the Habeas Corpus petition filed by the petitioner entails dismissal and is accordingly dismissed.
Justice MK Hanjura held that non-applicants have forcibly taken petitioner's wife from his custody and have confined her in their house. Therefore, the petition of the petitioner needs to be allowed. Justice M K Hanjura opined that the Police authorities shall be at liberty to investigate the case, the source of which is the complaint lodged by the uncle and the mother of Tabassum Bano and bring it to its logical conclusion. |
