This story is from October 27, 2019

Mysuru woman told to pay Rs 25,000 to second spouse

Mysuru woman told to pay Rs 25,000 to second spouse
Image used for representational purpose only
Key Highlights
  • Faisal had approached the court claiming Asma married him on July 21, 2008 despite an interim order passed by a Bengaluru family court on August 5, 2006, which had clearly barred her from remarriage.
  • The order was passed in response to a petition filed by Asif Ali Farooqui, the first husband of Asma.
  • Farooqui had sought for restitution of conjugal rights.
BENGALURU: A thrice-married Mysuru woman who allegedly harassed her second husband by initiating criminal proceedings has been directed to pay Rs 25,000 as cost to him. The high court passed this order while quashing the proceedings initiated by her before a Mysuru court.
It’s a classic case of a complainant initiating criminal proceedings under Section 125 of CrPC and Section 498-A of IPC against the petitioner and abusing the said provisions, Justice PS Dinesh Kumar observed in his order while directing Nafisa Asma to pay the cost to Faisal Ahmed Khan.

“It can’t be gainsaid that disclosure of a previous subsisting marriage causes immense pain to a husband,” the judge further noted.
Faisal had approached the court claiming Asma married him on July 21, 2008 despite an interim order passed by a Bengaluru family court on August 5, 2006, which had clearly barred her from remarriage. The order was passed in response to a petition filed by Asif Ali Farooqui, the first husband of Asma. Farooqui had sought for restitution of conjugal rights.
Faisal further contended that in the order passed by JMFC, Mysuru on October 6, 2018, it was also recorded that Asma had married for the third time and that her marriage with him (Faisal) was null and void.
On the other hand, Asma claimed Faisal, his mother and sisters were assaulting her. She said they demanded Rs 6 lakh from her to purchase a car, failing which she would be divorced.
She alleged Faisal made an attempt to hang her to the ceiling fan and later tried to make her fall from a bike. However, Justice Dinesh Kumar noted the allegations made by her were self-contradictory.
“If Faisal had really attempted to hang her, how did she escape from his clutches? No details are forthcoming on this front. However, even if it’s assumed that the allegations were true, it’s not understandable why she sat on Faisal’s motorcycle. The complaint is full of unbelievable and contradictory allegations,” the judge noted while ruling in favour of the husband.
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