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Court on its own motion v Farah Khatoon

Court on its own motion v Farah Khatoon

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Published by barandbench
Court on its own motion v Farah Khatoon
Court on its own motion v Farah Khatoon

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Categories:Business/Law
Published by: barandbench on Dec 27, 2013
Copyright:Attribution Non-commercial

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12/29/2013

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IN THE HIGH COURT OF DELHI AT NEW DELHI
 + CONT.CAS.(CRL) 9/2013 COURT ON ITS OWN MOTION ..... Petitioner Through: Mr. Rajesh Mahajan, Additional Standing Counsel (Cri.) for State with Inspector Subhash Chand, Sub-Inspector Pankaj Saroha, Police Station Nangloi, Delhi. versus FARAH KHATOON ..... Respondent Through: Mr.A.K. Sharma, Advocate for Farah Khatoon.
CORAM:
 
HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR O R D E R % 20.12.2013
Reply to the contempt petition has been filed by the Respondent. In the entire reply we have noticed that not even a single word expressing remorse of her contumacious conduct as reflected in the order dated 27
th
  November 2013. Learned counsel for the contemnor
 – 
 Farah Khatoon requested for a pass over so that respondent can file a fresh affidavit to express her unqualified apology for her conduct during the course of hearing of the main petition on proceedings of 27
th
 November 2013. The contemnor
 
 – 
 Farah Khatoon is also present in court. In the additional reply, Respondent has stated that she came in contact with the petitioner while working as teachers in MCD School, Delhi and during that period the petitioner had given a marriage proposal which was initially refused by the respondent as she belonged to muslim religion but later after strong persuasion of the petitioner
 – 
 Rakesh, she became ready to marry him but subject to the condition they will not consummate their marriage until and unless petitioner
 – 
 Rakesh persuade her parents to this marriage. In the reply, she has admitted that her marriage with the petitioner was solemnised on 9
th
 April 2012 and the same was also registered with the Registrar of Marriages on 30
th
 April 2012. It is further stated that after the said marriage, the petitioner did not make any sincere efforts to persuade her  parents or to care for the said marriage. It is also stated that the petitioner in his own manner and without intimation to the contemnor, flashed the information of their marriage to her parents and other family members and as a result of which the Respondent came under lot of social pressure and it is because of such social pressure and she being not well conversant with the law and legal procedures and without the aid and advise of any legal expertise made a false statement before the court denying the factum of
 
marriage and its registration as well, although the documents to this effect were duly placed on record by the petitioner. It is further stated that the Respondent has not made the false statement before this court intentionally or deliberately or with ulterior motives as she was under a great traumatic state under pressure from her parents and the relatives to deny the said marriage with the petitioner, who does not belong to her religion. Respondent has also expressed her unqualified apology for her such contumacious conduct in the court. The respondent is also present in court and she has pleaded for showing leniency in the light of the facts explained  by her in her additional reply/affidavit. We have heard learned counsel representing the petitioner, Mr. Rajesh Mahajan, Additional Standing Counsel (Cri.) for State and counsel representing the contemnor. As was observed by us in order dated 27
th
 November 2013 the Respondent was repeatedly asked not to tell lie before the court and truthfully state the correct facts. Father of the Respondent was also present alongwith her. The marriage certificate as issued by the Registrar of Marriages, the photographs showing the solemnisation of the marriage with the petitioner and a conversion certificate from Muslim to Hindu were

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