Whether a case u/s 420 can be filed for entering a different father name & religion in nakahnama
Guest
(Querist) 09 March 2014
This query is : Resolved
Respected Sir,
In continuance of my previous queries. I got married under Muslim law by Nikah, but in the nikahnama the name of the bride’s father is recorded as Bashir Mohammad & signed by witnesses. After marriage I came to know from her certificates & adhar card that her father’s name is Ram Kumar S/o shinder ___. Which is different from the Nikah nama which indicate different religion .
She left my house on 29-01-14 over a quarrel & a compromise was got effected in the Police Station. She took all the jewellery on the pretext of taking clothes to live with her parents.. Now she is threatening me to file a dowry & domestic violence case. Will you please guide me on the following points:-
1. Whether this Nikah nama of marriage is valid or invalid.
2. Can I file a case U/s 420 & fraud against her & her father for intentionally entering wrong name of her father in nikahama and for hiding these facts for the reasons best known to her .
Pls advice me
Guest
(Querist) 09 March 2014
I belong to Sunni Muslim family of Punjab
Devajyoti Barman
(Expert) 09 March 2014
1. If she is Hindu, the nikah is void.
2. Yes but first file civil suit for declaration of marriage as null and void.
Guest
(Querist) 09 March 2014
Girls name in Nikanamma is suriyaD/o Bashir Mohammad whereas in her certificate and adhar card her father name is Ram Kumars/O Shinder. Girl belong to Muslim Commuunity.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
you are still confused and not understood what experts said.
you have not so far specified if girl is hindu or muslim.
Sudhir Kumar, Advocate
(Expert) 09 March 2014
you have not specified :-
when you got married
when you came to know of differnce of name
what did you then do immediately
when did she leave your house.
Rajendra K Goyal
(Expert) 10 March 2014
Author answer the questions raised by the expert Sudhir Kumar ji for any fruitful advise.
Guest
(Querist) 10 March 2014
I belong to Sunni Muslim family of Punjab. On 19-02-12 I got married with Suriya D/o Mohammad Bashir under Muslim Law law by Nikkah. In Nikah namma girl name is entered as Suriya and father name Entered as Mohammad Bashir and signed by witnesses along with Suriya and Mohammad Bashir. In the year 2014 when she brought her certificate from her parents home to apply for a post I got noticed that her father name is Ram Kumar S/o Shinder Kumar. I objected for this but she did not give proper reply . She left our house on 29-01-14.and then threatened to file a false dowry case and domestic violence case against me and my old parents. I filed the case to Amart-E-Sharia to resolve the dispute amicably. But she is not ready to solve the matter amicably.No person named Mohammad Bashir exist in the documents of her family.If she file dowry case or domestic violence case the we can file a case of fraud U/s 420 or to file a civil case to null & void this marriage in order to protect ourselves.The girl is residing with their parents.She claimes to be a Muslim girl.
Guest
(Querist) 10 March 2014
Sir,
Marriage was soleminized as per Muslim law as per our knowledge the girl in question was muslim at the time of marriage.At the time of marriage her father name was entered as Mohammad Bashir but on certificate & all other documents her father name is Raj Kumar
Guest
(Querist) 11 March 2014
Marriage was soleminized as per Muslim law as per our knowledge the girl in question was muslim at the time of marriage.At the time of marriage her father name was entered as Mohammad Bashir but on certificate & all other documents her father name is Raj Kumar
Guest
(Querist) 11 March 2014
Marriage was soleminized as per Muslim law as per our knowledge the girl in question was muslim at the time of marriage.At the time of marriage her father name was entered as Mohammad Bashir but on certificate & all other documents her father name is Raj Kumar
Guest
(Querist) 11 March 2014
Marriage was soleminized as per Muslim law as per our knowledge the girl in question was muslim at the time of marriage.At the time of marriage her father name was entered as Mohammad Bashir but on certificate & all other documents her father name is Raj Kumar
Guest
(Querist) 11 March 2014
Marriage was soleminized as per Muslim law as per our knowledge the girl in question was muslim at the time of marriage.At the time of marriage her father name was entered as Mohammad Bashir but on certificate & all other documents her father name is Raj Kumar
Sudhir Kumar, Advocate
(Expert) 11 March 2014
prima-facie matter of fraud as well as void marriage.
I still reiterate whether you are sure she was Hindu.
Raj Kumar Makkad
(Expert) 11 March 2014
Recording wrong name of father is not a big issue. If the girl had embrassed islam prior to her nikah then marriage is not void.
Guest
(Querist) 11 March 2014
Sir,
Girl name is Muslim and claims Muslim at the time of marriage & entered their father name as Bashir Mohammad. But her certificate shows father name is Ram Kumar. Also in the aadhar card and voter card & ration card the name of Bashir mohd is written as ram kumar.Bashir Mohammad is not written in any of the documents.
ajay sethi
(Expert) 11 March 2014
did father convert to islam . certificates may have been issued when he was Hindu . subsequently he may have converted and became a Muslim . what are your wife records prior to marriage ? does it show her name as suriya?
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
Guest
(Querist) 11 March 2014
Prior to Marriage her fathers name is Ram Kumar on all records i.e ration card aadhar card voter card but at the time nikah with me her fathers name was recorded as Mohammad Bashir.After the marriage all others documents have old name. They neither changed neither changed their religion nor changed their name after my marriage
ajay sethi
(Expert) 11 March 2014
you have not answered my query . what is girl name in all records?
Guest
(Querist) 11 March 2014
in all records girls name is suriya
T. Kalaiselvan, Advocate
(Expert) 11 March 2014
Whether have you not enquired about her religion before the marriage?, hope this was an arranged marriage? Something is missing in the context, please elaborate.
Guest
(Querist) 12 March 2014
They told us that they are Muslim & marriage was solemnized as per muslim law.But later I came to know that hter father name is different from Nikah Nama and all other document shows except nikah show different name.
T. Kalaiselvan, Advocate
(Expert) 12 March 2014
If her parents have given false information about their religion and you reasonably believe it to be true that she was not a Muslim at the time marriage, the marriage/Nikah can be held as null and void. Once the marriage itself is null and void, the provisions of domestic violence act will not attract and the false cases under section 498a and dowry prohibition act will also lose its ground on the basis of this marriage held by cheating from her side. As a counter case, you also lodge a complaint for cheating you in the name of false religious claim.
Guest
(Querist) 13 March 2014
Parties are claim to be muslim.But they have recorded father name as Mohammaed Bashir in nikahnama and signed it. Actualy there is no person named Mohammed Bashir is existed in legal documents like Ration Card,Voter Card,Adhar Card and certificate of the university here father name Ram Kumar is recorded.There is forgery of mentioning different fathers name at different document i.e in nikahnama the name of father is Mohd Bashir whereas in degree and the other legal document the name is ram kumar S/o Shadi ram.Here religion is not in dispute only father name is in idspute
ajay sethi
(Expert) 13 March 2014
if religion of your wife is not in dispute and you admit she was muslim by name of suriya then your marriage is legally valid .you are not concerned with father name
Guest
(Querist) 14 March 2014
S
Sir,
1. In nikahnama Suriya D/o Mohd Bashir has been signed by both
2. In legal document/Official documents i.e. ration card,degree, property papers Suriya d/o Raj Kumar exist which is different from marriage papers.
3. Suriya has two brothers & one sister with father name Raj Kumar property
4. That under muslim law maintenance liability (of divorcee/deceased lies as under In the following order
a. Husband then immediate relatives(immediate heir of divorcee/deceased then wakf board)
In case the marriage become null and void due to fraud made by entering wrong and different fathers name in marriage papers but retaining original fathers name i.e. raj kumar in legal paper
Wo will be responsible for her maintenance & who will be responsible for this fraud
ajay sethi
(Expert) 14 March 2014
case if any is made out against the father . your wife was muslim at time of marriage . nikkah is valid
