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.
