IN THE COURT OF THE CIVIL JUDGE SENIOR DIVISION THANE

AT THANE

R.C.S NO. 55/2017

Ms. Gauri Nigamkumar Mishra, ) ------plaintiff

V/s

Mr. Mohd.Salim Sami Khan ) ----Defendant

EXAMINATION IN CHIEF IN
FORM OF AFFDAVIT ON
BEHALF OF PLAINIFF
MAY IT PLEASE YOUR HONOUR

1. I say that I am residing with my family members at the

aforesaid address. I am post –graduate and completed M.COM
in the year 2016 from Mumbai University. I had completed my
graduation from c College Thane. The defendant was known to
me since 2010 as the defendant was studying in the NKT
College with me in the same class and college Thane therefore
both known to each other.
2. I say that myself and defendant known to each other since the
year 2010, therefore, the defendant used to harass me and
pressurize me to convert the religion from Hindu to Muslim
religion and also pressurize to marry with me. During the
tenure of college since 2010 to 2013, the defendant had made
various attempts and pressurizes me to marry with him. I had
refused the marriage proposal of defendant stating that the
 responsibility of my marriage is on my parents and they have
to decide and take decision as per there customs and rituals as
per the Hindu religion.
3. I say that the defendant was aggrieved with my decision as I
was no love and affection with the defendant, therefore, I had
refused to marry with defendant and stated on various
occasions to defendant that it is impossible for me to marry
with the defendant and defendant should not follow me and
forced me as well as pressurize to marry with defendant and
got married with any person in his community.
4. I say that that in the year 2015 the defendant got married with
one Tehsin and started to reside with the said Tehsin and
started to lead his matrimonial life with the said Tehsin. The
defendant had avoided to meet with me after the said marriage
on 18th November 2015 till month of April 2016. All of sudden
in the month of may 2016 the defendant approached to me and
stated that he has no love and affection with his wife Tehsin
and his interested to give divorce to her c. The defendant
stated to me stating that his marriage was solemnized against
his wish and desire and his family members had pressurized to
the defendant to complete the marriage and perform the said
marriage ceremony with said Tehsin. The defendant again
started pressurizing and harassing to me by compelling me to
marry with the defendant and in case if I avoid to marry with
defendant in that circumstance, the defendant should finish his
life and also finish my life as the defendant wants to marry with
me and he has only right to marry with me.
5. I say that the defendant and his associates had given threats
to finish the life of my entire family members If I refused to
sign on the said marriage registration from and other
correspondences relating to the marriage dated 18/05/2016. I
further say that I had signed the marriage form under the
pressure and force of defendant and his friends as well as
associates. I had not signed on the marriage form as per my
own free will and desire. I had no interest to marry with the
defendant to marry with him as defendant had obtained my
signature by force and coercion.
6. I say that the defendant has received my signature forcibly on
the blank papers and stamp paper and as well as some other
 papers forcibly under the pressure to kill her brother Binit
Mishra if I refused to sign on the said paper on 18/05/2016. I
did not disclosed the said facts regarding my signature was
obtained by force on the papers as mentioned above as
defendant used to threaten me stating that if I disclosed the
said facts to my family members and lodged any Police
complaint against the defendant in that event the defendant
threaten to kill my Brother Binit Mishra and I should face the
dire consequences , therefore , under such circumstances in
had signed on the black paper and stamp papers and other
documents which were not disclosed to me at the time of
obtaining my signature and my consent was obtain. My
signature was obtained under influence and pressure to kill my
brother and face dire consequences, therefore, I did not
disclose the said fact to my family members.
7. I say that on 16/01/2017 at late night about 2 Clock, the
defendant came near the building in which myself was residing
with my family members. The defendant had thrown the piece
of stone on window of my residential premises. After
knowledge of the said fact , myself and my family members got
up and seen the defendant who was standing near the building
and defendant was abusing to me and my family members in
filthy language, the defendant was giving threats to my parents
stating that if they obstruct to the defendant to reside me as
his wife in that event the defendant the defendant would finish
the life of entire family including myself and my brother Binit
who was 13 years old at that time. The defendant used to state
that the defendant sale to me in the market of prostitution as
the defendant had obtained my signature and myself is wife of
defendant. The defendant had obstructed my freedom in
pursuance of signature obtained by defendant forcibly on some
documents/papers on which my signature obtained without
knowledge and consent and same were used by the defendant
illegally.
8. I say that on the basis of my signatures on the
document/papers, the defendant used to obstruct to perform
my religious activity. The defendant was causing cruelty on the
basis of forged and fabricated documents and pressurized me
without any fault. The defendant has caused mental and
 physical harassment to me on the basis of forged and
fabricated document, fake certificate which was obtain illegally
without disclosing the true facts to me. The contents of
marriage certificate (Nikahnama) issued by the Kazi dated
18/05/2016 and marriage certificate issued by marriage
registrar dated 24/05/2016 it appears that the defendant had
prepared the said document fraudulently without disclosing the
true facts to me. The application form disclosed the status at
the time of marriage of defendant as unmarried, however, the
defendant was married at the time of submitting the
application to obtain marriage certificate. The defendant has
not only committed fraud with me but also committed fraud
with government and other concern authorities by way of
disclosing false information to the concern office and obtained
married certificate which is illegal. On perusal of record
regarding marriage certificate issued by Kazi and Thane
Municipal Corporation dated 18/05/2016 and 24/05/2016, its
appears that the defendant has misrepresented before both
authorities and obtained marriage certificate fraudulently,
therefore, the said certificates issued by the said authorities on
the grounds mentioned herein above are void and not in
forcible against me as the defendant has committed fraud with
me as well as government authorities.
9. I say that on the basis of marriage certificates issued by Thane
Municipal Corporation and Kazi , the defendant started causing
mental and physical cruelty to me continuously. The defendant
had caused injury on my head in the April 2016 and forced me
to marry with the defendant. I had avoided and neglected to
act as per the say of defendant, and then the defendant had
threatened to kill me and my brother Binit Mishra.
10. I say that the defendant has started harassing me in all
respect and causing mental and physical cruelty and claiming
illegally right against me on the basis of marriage certificate
and obstructing me to perform my obligatory duties as per my
own wish and desire , therefore, I had made written complaint
dated 21/01/2017 addressing to the Inspector of Police ,
Vartak Nagar police station , Thane and copy of said complaint
to other concern authority in the said complaint I have
disclosed the entire facts relating to the acts and activities as
 well as fraudulent act of the defendant. The said complaint was
sent RPAD to the authorities and hand delivery to the
Commissioner of Police Thane.
11. I say that the defendant is claiming illegally his right against
me as his wife and assaulting abusing, insulting me and giving
threats to finish my life as well as life of my entire family. Since
I had not given not my consent to marry with the defendant
and defendant had obtained my signature fraudulently ,
therefore, the marriage between myself and defendant is
required to be dissolved and marriage certificate dated
18/05/2016 and 24/05/2016 are not binding on me and
marriage be declared as void.
12. I say that I am residing with my family members as per my
free will, desire and consent. I am happy with my family
members and not interested to reside with the defendant as his
wife on the basis and strength of marriage certificate dated
18/05/2016 and 24/05/2016 which was obtained by force,
fraud and misrepresentation on the part of defendant,
therefore, I have filed the suit for dissolution of marriage under
the provisions of dissolution of Muslim Marriage Act.
13. I say that the defendant has not acted with me good faith
by way of disclosing the entire facts of regarding conversion of
religion, obtaining my signature on stamp papers and papers ,
Niakhanama, conversion affidavit. The said documents were
prepared by the defendant without my knowledge and consent.
The defendant got prepared marriage certificate without
disclosing the true facts and committed fraud. I am not
interested to reside with the defendant. I am not feeling safe
with the defendant as the defendant had committed fraud and
misrepresented to me by way of obtaining signature on the
black papers and stamp papers on 18/05/2016 and misused
my signature by preparing affidavit and marriage form etc
against my wish and desire , therefore, the said marriage as
the defendant is claiming dated 18/05/2016 void , bad in law
and not enforceable under the provisions of law.
14. I say that I have produced the marriage certificate dated
18/05/2016 issued by Kazi Bandra Mumbai. The original
marriage certificate is lying with the defendant. The signature
on marriage certificate is my signature obtained fraudulently
 without my knowledge. The contents are not admitted. The
marriage certificate may be taken on record as evidence and it
may be exhibited. I have produced the marriage certificate
dated 24/05/2016 issued by the Registrar of Marriage, Thane.
The original marriage certificate is lying with the defendant.
The signature on marriage certificate is my signature obtained
fraudulently without my knowledge. The contents are not
admitted. The marriage certificate may be taken on record as
evidence and it may be exhibited. I have produce the copy of
complaint dated 21/01/2017 addressing to the Inspector of
Police, Vartak Nagar Police Station and copy to the
commissioner of police and other concern authorities. The said
complaint was sent by RPAD. The officer of commissioner of
police has received the complaint dated 21/01/2017 by putting
the seal and signature. It bears my signature. The contents are
true and correct. It may be Exhibited and taken on record as
evidence. I have produced the copy of original RPAD receipt.
The contents are true and correct. The receipts were issued by
the postal authority it may be Exhibited and taken on record as
evidence.
15. I say that the Hon’ble court has issued the notice and
summons to the defendant. Inspite of service of summons to
the defendant, the defendant has failed to appear before the
Hon’ble court, therefore, the hon’ble court has pleased to pass
the order and directed me to precede Ex-parte.
16. I say that the defendant has committed fraud with me , ,
therefore, the suit filed by me is required to be decreed with
cost, therefore, I pray that Hon’ble court be pleased to pass
decree against the defendant as per prayer clause in the plaint
specifically mentioned in para No. 22 “a” to “d” in the interest
of justice.
Whatever stated hereinabove is true and correct and best of my
knowledge and signed on this 06th day of March 2019.

Identified and explained by me

Advocate Deponent

VERIFICATION
 I, Gauri Nigamkumar Mishra, plaintiff above named, do hereby
state on solemn affirmation that whatever stated hereinabove is
true and correct to the best of my knowledge, belief and I have
signed this 06th day of March 2019 at Thane.

Filed in Court
On 06/03/2019
Plaintiff

Advocate for plaintiff

IN THE COURT OF THE CIVIL JUDGE SENIOR DIVISION THANE

AT THANE

R.C.S NO. 55/2017

Ms. Gauri Nigamkumar Mishra, ) ------plaintiff

V/s

Mr. Mohd.Salim Sami Khan ) ----Defendant

LIST OF DOCUMENTS ON BEHALF OF PLAINTIFF

All Xerox copies of-

1. The copy of complaint letter dated 21/01/2017 to The Sr. Inspector

of police, Vartak Nagar Police Thane.
2. The acknowledgement copy of RPAD.

Thane

Filed in the Court

On 06/03/2019

Advocate for plaintiff