Andhra Pradesh High Court
Judges : M.N.RAO, V.RAJAGOPALA REDDY
S.Radhika Sameena - Appellant
Versus
S.H.O., Habeebnagar Police Station, Hyderabad and Ors. - Respondent
Decided On : 09-06-96
Special Marriage Act, 1954 - Sections 16 and 44 - Family Courts Act, 1984 - Indian Penal Code, 1860 - Sections 494 and 495 - Contention is totally misconceived - Muslim Law - marriage certificate – Andhra Pradesh Wakf Board - Terminate her pregnancy - Petitioner is daughter of one a retired Sub-Inspector of Police with cardiac problems - She has four sisters and one brother is a graduate in Commerce and a qualified higher-grade Stenographer - When she was working as an office Assistant in Royal Laboratories in year she became closely acquainted with one who was working as a Junior Chemist in the same concern - After marriage for about six months both petitioner and her husband lived as husband and wife though not under same roof family is a large one apart from his parents he has six sisters and five brothers all living jointly – Presumably he did not want his parents to come to know of marriage - However, they were meeting at hotels and at houses of his friends - Held, Court also make it clear that it is open to petitioner if advised to approach Family Court for obtaining the reliefs contemplated under the Family Courts Act, 1984 - Fourth-respondent s passport bearing which is in deposit with Registrar (Judicial) of this Court shall continue to be in the custody of this Court until Civil and Criminal Proceedings against fourth respondent if any are terminated finally - Until proceedings both in civil and criminal courts if any are terminated finally Regional Passport Officer shall not issue another passport to fourth respondent either in his name as such or under any other aliases - Petition allowed.
( 1 ) THIS public interest litigation case concerns an innocent woman and her treacherous husband. The petitioner Smt. S. Radhika Sameena - is the daughter of one Charan Dass, a retired Sub-Inspector of Police with cardiac problems. She has four sisters and one brother. She is a graduate in Commerce and a qualified higher-grade Stenographer. When she was working as an office Assistant in Royal Laboratories, Hyderabad in the year 1986, she became closely acquainted with one Dr. Jameeluddin, who was working as a Junior Chemist in the same concern. At the time, his qualification was only M. Sc. , (Chemistry ). They fell in love but deferred their marriage as Jameeluddin wanted to obtain a Ph. D. , Degree. She helped him in completing his thesis foregoing a better job she got in the A. P. Bhavan, New Delhi. She also spent her own money apart from assisting him in completing his thesis. She was even taken by him to his Guide at Barkatullah University, Bhopal, where he had registered for Ph. D. , for finalising the thesis. When the formalities of submitting the thesis were over, they were married on 7-8-1992 under the Special Marriage Act. Ex. A-1 is the photocopy of the marriage certificate. At that time, the petitioner was still a Hindu. They also went on honey-moon for ten days and spent happy time. When the petitioner - Smt. Radhika Sameena became pregnant, Dr. Jameeluddin persuaded her to terminate her pregnancy as he had two sisters yet to be married and his having any children would inconvenience him. Obliging her husband, the petitioner got her pregnancy terminated at Imtiyaz Hospital, New Malakpet, Hyderabad. After the marriage, for about six months, both the petitioner and Dr. Jameeluddin, her husband, lived as husband and wife, though not under the same roof. Dr. Jameeluddin s family is a large one - apart from his parents, he has six sisters and five brothers, all living jointly. Presumably, he did not want his parents to come to know of the marriage. However, they were meeting at hotels and at the houses of his friends.
( 2 ) AFTER obtaining the Ph. D. , degree Dr. Jameeluddin secured a job in Gulf Manufacturing Company at Riyadh in Saudi Arabia, with good salary and perks. As his was the first visit to Saudi Arabia, he told the petitioner that it would not be possible for him to secure Visa for her immediately and so he went alone promising that after setting in his new job, he would come back and take her to Saudi Arabia. He wrote several letters from Saudi Arabia very frequently to the petitioner profusely showering his love and affection and yearning for her company. Very generous promises he made in the letters promising to purchase a house in her name and also sent her Rs. 50,000. 00 towards her pocket expenses. Before leaving for Saudi Arabia, he suggested to her that if she were to convert into Islam, it would be easy for him to take her to that country. Readly agreeing to this suggestion, the petitioner got herself converted into Islam on 3-3-1993. Ex. A-2 is the photocopy of the "religion certificate" issued by the A. P. Wakf Board, Hyderabad. After the marriage, she assumed the name "sameena".
( 3 ) ON 14-7-1996, Dr. Jameeluddin informed the petitioner on telephone from Riyadh that he would be coming to India on 15-7-1996. On the next day i. e. , 15-7-1996, when she telephoned to her husband s office in Riyadh from a private STD/isd telephone booth in Hyderabad, she got the reply that her husband had already left for India. On the night of 15-7-1996, when she rang up her husband s house, he told her that he would meet her at the bus stop on the next day. When she protested saying that it was not proper for him to meet his wife at a bus stop, he put down the receiver. She went twice to her husband s place in Hyderabad but they did not open the doors to her.
( 4 ) WHEN her husband s brother threatened her with serious consequence if she were to persist her attempts to see Dr. Jameeluddin, she sent
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