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Aruna (NA)     06 April 2010

Shoaib Malik Cases in India

Dear Experts, 

I have simple question about  Cases registered against Shoaib Malik in Hyderabad India?

1.Even lets assume the Police is of the impression that Shoaib is married to Ayesha Siddiqi, even then how could they file or register a case under 498A , where in the Crime reporting period has Lapsed i.e more than 3 years from the date of Crime(Physical and mental cruelty as claimed by Ayesha Siddiqi)., 

What are the Experts views on this issue of filing 498A after the Lapse of Crime reporting period?

Beside the fact that even without Proof the Police had already accepted that  both of them are married?



Learning

 9 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     06 April 2010

Dear Aruna,

Regarding first part of your query and Cuase of Action to take coagnizence of the case, kindly read the important paragraph of her complaint to the police station:

"She said that a legal notice had been sent to her father on March 20, 2008 by Malik’s advocate Ramesh Gupta who claimed that no marriage had taken place"

If we consider the above fact, consequently it is under limitation period for instituting the complaint in terms of section 468 of Cr.P.C.

Further details of the complaint is as below:

 

 Acting on a complaint filed by Ayesha Siddique alias Maha Siddiqui, the Banjara Hills police on Sunday booked a case of cheating, harassment and criminal intimidation against Pakistani cricketer Shoaib Malik.

 

Ms Siddique has also asked the police to stop the marriage between Malik with Indian tennis star Sania Mirza slated for April 15. The policed may question Malik soon in this regard.

 

In her complaint, Ms Siddique has alleged that Malik used to harass and torture her over petty reasons. She also said that he had offered her one million dollars to tell the media that he had not married her and that the nikah didn’t take place. She also alleged that Malik had threatened to eliminate her and her family members.

 

“He even informed me that he had hitmen placed at right places to eliminate me and my family members. However, being an Indian Muslim woman I flatly refused his offer (of a million dollars) and got prepared to be killed and die as the wife of Shoaib Malik,” she said.

 

She added that all these years she had kept quiet thinking that her husband would repent his behaviour and would accept her as his wife.

“My husband is now trying to get married by suppressing his first marriage with me. As per Muslim law he cannot contract the second marriage without my permission,” she said in the complaint.

 

“The marriage of my husband with Miss Sania Mirza, if performed as proposed, could be his second marriage and I would always remain his first wife. Besides cheating, he defamed me and my family members. We are respectable citizens and due to his accusation we cannot move out,” alleged Ayesha.

 

“My husband is presently in Hyderabad and all leading newspapers and TV channels are saying that he is engaged to Sania Mirza. I submit that my husband is guilty of offences under 498 A of the IPC for the acts of cruelty and also guilty of domestic violence, cheating, defamation besides depriving me of my legitimate right. He is guilty of suppressing the facts of marriage and of threatening us with dire consequences,” her complaint added.

 

In her complaint, Ayesha said that Shoaib had presented her father his bat on April 8, 2004 that he had used during the India-Pakistan One Day International series as a gift. The bat was signed by all the cricketers. She also said that Malik had gifted her a Man of the Match Trophy In 2005.

 

She said that a legal notice had been sent to her father on March 20, 2008 by Malik’s advocate Ramesh Gupta who claimed that no marriage had taken place. The legal notice stated: “You are aware of the fact that over internet/telephone, my client was dishonestly misled by another girl whose photographs she had mailed to him. It is true that my client was interested in marrying that girl whose photographs was mailed to him believing her to be Ayesha... It is also a fact that my client visited Hyderabad twice and even met you and your family... That my client was persuaded by your daughter to send by post a nikahnama, a printed form, with his signatures from Sialkot as he was made to believe that it would subsequently be used when there would be a nikah between him and the imaginary Ayesha, whose photographs were mailed to him...”

 

Ayesha said in her complaint, “No person of ordinary prudence would sent blank nikahnama with his signatures as is alleged by my husband Shoaib Malik. This is nothing but a cover-up operation of his misdeeds. The marriage was valid and there is no illegality.”

 

She added that their marriage had been admitted by Malik at various stages. In a post-match interview in Hyderabad on March 30, 2005, Shoaib had allegedly said that he was very happy to receive the Man of the Match award in his wife’s home town.

 

She said that her marriage was performed on June 3 in 2002 as per Muslim customs and that they had stayed at different hotels after the wedding including the Taj Residency.

 

“He had visited Hyderabad several times with his team mates and my family had organised get togethers. We used to make calls to each other and keep ourselves updated about the well being of ourselves and our family members. We also used to exchange gifts on several occasions,” alleged Ayesha.

 

The police have registered a case of cheating under 420 IPC, harassment, 498 and criminal intimidation, 506. Banjara Hills Assistant Commissioner of Police Mr R. Ravinder Reddy said, “Ayesha’s father Mohammed Ahmed Siddique has come to the police station in the evening and handed over the complaint signed by Ayesha.”

 

 Regarding Second Part of your Query:

She has attached "NIKAH NAMA" along with her complaint and further more shoaib is accepting that he had signed on the nikah nama, then what more it need to prove regarding marriage. 

Aruna (NA)     06 April 2010

AEJAZ Garu or Ji,

Thanks for your detailed explanation with regards to 498A against Shoiab, But the question remains to be answered after looking at your explanation of police compliant, Mere Legal notice to Her Father(is not the complainant) but not to the Ayesha amounts to Criminal Intimadation?

Aruna (NA)     06 April 2010

Awaiting few more Expert views on this Thread?

Kuljit Pal Singh (Legal Professional)     08 April 2010

Dear Friend,

Here i think the offence is continuing till date as, second marriage without the consent of first wife (Muslim Law) amounts to cruelty and harrasement only.

Regards

sharmilla ram (general manager)     08 April 2010

dear kuljit pal singh if u dont know muslim law pls dont comment.in muslim personal it is not required to take permission from her or her consent.a man marry anytime without asking women. no req to ask permission from wife.according to my knowledge in india at the time of marraige boy age should be 21 yrs n girl age should be 18yrs.in shoaib marraige he was only 20 yrs n girl was 29yrs.so according to indian law this marraige is voidable.what is the base of register under 498a.how ayesha register case without wife of shoiab.in fact aysha did cheating with shoaib.so case has to be register against aysha.i dont know what is law in india n what police doing.according to this case any minor can marry.this is beauty of indian law n police.

Kuljit Pal Singh (Legal Professional)     08 April 2010

Thanks Sharmilla for pointing my mistake sooooo politely.. here is the extracts of Quran for your kind reference..

The single passage in the Qur'an dealing directly with the topic of polygamy is in Surah 4 Verse 3:

And if you fear that you cannot act equitably towards orphans, then marry such women as seem good to you, two and three and four; but if you fear that you will not do justice (between them), then (marry) only one or what your right hands possess; this is more proper, that you may not deviate from the right course.

The Qur'an instructs the guardians of the children of widows, which it refers to as orphans, to marry the widows, where this is lawful, if they fear that they would not otherwise be able to fulfil their obligations to protect the children and look after their wealth and property. Men are allowed to engage in polygamy with two conditions:[3]

  1. Even for as noble an objective as the welfare of the children of widows, a man cannot take more than four wives.
  2. If a man is unable to deal justly with all four wives he should not marry more than the number he can be just with. Justice is a value that has to be maintained at all costs and cannot be sacrificed even for such a noble cause.

      3.The first wife must give permission.

The Qur'an encourages wives to adapt to the situation, but, in spite of the wife's efforts, if the family does not remain intact then it is not her responsibility.

As with any other conditions of an Islamic marriage contract, a woman may, before marriage, make a stipulation that the husband not marry any other women. A subsequent second marriage by the husband invalidates his first marriage.

Regards

sharmilla ram (general manager)     08 April 2010

 mr kuljit.,

as per ur replay

  where is mention in the quran to get permission from first wife.again u read ur written verse u will get answer.do equality.how without marraige people can know whether they r doing equality  or not.the meaning if u ve  fear u can not do equality than dont do it. but still not mention if u do second marraige it will be  harm.

Kuljit Pal Singh (Legal Professional)     08 April 2010

Dear Sharmilla,

Firstly please see point no. 3 of my reply above.

Secondly the meaning of the word Nikah is that it is not 'hidden'. A Nikah must be announced in the society the person is living in. Therefore, Iit can be interpreted that it would be wrong to take a second wife in marriage without the first wife.

Thirdly if the second marriage will imbalance the first marriage and the family structure that is already established, then one must not believe that they have a free right of undertaking the second marriage. Islam has not given the permission to take multiple marriages so that the family structure is destroyed. In fact, it has done the same in order to protect the families! Therefore, if a second marriage is undertaken that adversely affects one's first marriage and the children, then Islam does not condone it. This is also evident from the way Quran has allowed permission for marriage for instance. In the context of widows, where widows are the weak party, Quran has allowed second marriage in order to protect them - the weak. However, then, with respect to the rights of the wives, Quran has recommended that one may marry only one if they will be unable to fulfill the rights of all of them, once again protecting one's existing wife, which is the weak party in this case.

Hope it may clear the doubts...

Regards

Kuljit Pal Singh (Legal Professional)     08 April 2010

Dear Friend

One more fact i would like to add in the discussion that Pakistan Family law expressly prohibited that a person can only get married a second time, if his first wife permits such marriage. Under these circumstances, it is important that the promulgated law be followed.

Regards


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