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2011 Supreme(Del) 292

KAILASH GAMBHIR
FAHEEM AHMED – Appellant
Versus
MAVIYA @ LUXMI – Respondent


Advocates Appeared:
Mr. S.C. Sagar, Advocate.
Mr. Dharmendra Kumar Vashishta, Advocate.

JUDGMENT

KAILASH GAMBHIR, J.

1. By this appeal filed under Section 39 of the Special Marriage Act, 1954, the appellant seeks to challenge the judgment and decree dated 18.11.2008 passed by the learned trial court, whereby the petition filed by the respondent under Section 24(2) of the Special Marriage Act was allowed.

2. Brief facts of the case as set out in the petition relevant for deciding the present appeal are that the parties were friends since college days and were also subsequently classmates, pursuing a course together at the Gems Craft Jewellery Institute, Lajpat Nagar, New Delhi. As per the case of the respondent, she wanted to get the membership of the library in Jama Masjid and on the assurance of the appellant in helping her get the same, he persuaded her to convert to Islam for this purpose. That for this purpose, the respondent signed and executed certain documents which the appellant claimed to be the registration of marriage and conversion certificate and that by virtue of those the respondent became his wife. The respondent hence preferred a petition under section 24(2) of the Special Marriage Act, 1954 for having the registration of the marriage declared to be of



























































































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