/
Anna
IN THE COURT OF SH. VINOD KUMAR, PRINCIPAL JUDGE,
FAMILY OURT (SOUTH), SAKET COURT, NEW DELHI
Counter Claim no of 2022
IN
CS No 23/2021
Inthe matter of Junaid Ahmed Rangrez
Raveena Bedi @ Rehana Vs
AND
In the matter of
Junaid Ahmed Rangrez
S/o Sh. Gulam Nabi Rangrez
R/o 47, Gali no.1, 2"" Floor,
Neb Sarai, Pocket-E, Harijan Basti,
New Delhi-68 Applicant/Counter Claimant
Vs
Raveena Bedi @ Rehana
Bedi
D/o Sh. FPrabhjot Singh
Second Floor,
R/o H. No. 275,
of Kailash
Kailash Hills, East
New Delhi- 110065
Mob 9560520913
Defendant/Plaintiff
ON BEHLAF
COUNTER-CLAIM UIO 8 RULE 6A CPC
A APPLICANTICOUNTER CLAIMANT SEEKING3
OF REGISTRATION OF
OF THE
DECLARATION
17.03.2010 TO BE NULL & VOID, AS
MARRIAGE DT.
SPECIAL MARRIAGE ACT, 1954
PER SEC. 24(2)
Most Respectfully Showeth:
suit for declaration and
That the Plaintiff has brought
a
1.
the effect of declaring her
to
perpetual injunction
governed under the provisions of Special
marnage to be
Marriage Act, besides an injunction against the
Defendant seeking to restrain him from contracting a
second marriage.
2. That in Para no. 1 & 2 of the original plaint, the Plaintiri
the
has categorically admitted of the marriage between
love&
parties to have got germinated out of their
between
affection, and then the marriage was performed
at Hazrat
the parties on 19.09.2008 as per Islamic rites
Nizammudin Aulia Mehboob
-
E -
Elahi Dargah
Khwaja
of the same
Shareef, New Delhi, followed by registration
Mehrauli on
U/s 16 of The Special Marriage Act, at
17.03.2010.
and relied by the
The Marriage Certificate filed
which has been issued from Quazi
Plaintiff,
shows
Khawaja Afzal Nizami Sajjada Nashin,
the age of the Plaintiff to be 18 years.
3 That the reasons necessitating the Counter Claimant to
the present counter claim emanates from the very
bring
fact that Nikah was solemenized as per Islamic rites on
19.09. 2008, and the same was only been got registered
under sec 16 of Special Marriage Act on 17.03.2010.
As per sec 15 of SMA, 1954, which enumerates the
conditions for the registration of marriage under chapter
Ill of the SMA, both the parties at the time of registration
of marriage under sec 16 must have completed the age
of 21 years
On17.03.2010, the date of registration, the plaintif:
Wife, even by her own admission, had not completed
the age of 21 years on date of reqistration ag
requiredby sec 15 and hence as per sec 24(2) SMA
Such registration of the marriage under SMA has to
bedeclared and null&void and also of no effect
the
4 That there is no reason as to why the registration of
be
of the parties under SMA be not declared to
marriage
for
null&void as Sec 24(2) of SMA clearly mandates
such declaration
5. That even more, looking at the backdrop of the events, it
who wanted divorce from
was always the plaintiff-wife
DV complaint
counter-claimant. She had filed
a
the
counter-claimant, which was disposed off as
against the
the counter-claimant, with clear
seltled, whereby
intentions of keeping alive his love and affection and
forgetting the Defendant/Plaintiff-wife's past behavior
to give this relationship a fresh start with
agreed
increased rigor and love, but much to his dismay, she
had something else in her mind. Soon thereafter, the
Plaintiff-wife started pressurizing the counter
claimant to give her Talaq since under Muslim
Personal Law Talaq comes from the husband S1de
and she would get rid of this relationship easy and
guick. Shocking to say the least, counter-claimant's
family members tried their best to convince and
make her understand that this decision wa_ wrong,
but the lady was hell bent on the same. Seeing her
adamant stand, he _uggested that instead you opt
for Khulla, but she insisted on Talag only and
insisted on signing an MOU, which she_herself got
drafted, since she wanted to marry another man
Mayank, _as is very much evident
from
named
Left with no
facebook chat_ between the_parties.
to that
decided to seek Talaq and
option, the parties
signed and in
MOU dated 19.07 2021
was
effect. an
law, Talaq-e.
pursuance
thereof. under Musim personal
between the parties
Hassan has already been affected
husband and wife since June
and they are no longer
separately. Also. the
2021. and are living
has received the entire full
and
Defendant/Plaintif-wife
final amount
filed
factual scenario, the suit
Considering the above
is nothing but a camouflagingg
by plaintiff-wife
after
to grab some monetary benefit, even
petition
receiving the full & final settlement amount at the
time of divorçe.
The copy of the Marriage certificate, Conversion
Certificate, Registration Certificate U/s 16 SMA, besides
3 notices/talaqnamas are collectively annexed as
Annexure C1 /Colly.) and the facebook chats alongwith
certificate U/s 65B Indian Evidence Act are annexed as
Annexure C2(Colly)
6. That the cause of action for filing the present claim had
when the parties got married as per the
initially arisen,
Islamic rites on 19.09:2008. The cause of action further
arose when soon after the marriage, the same was
Act 17.03 2010
registered under Special Marriage
on
mandates of Sec. 24(2) SMA, when the
overlooking the
Defendan/Plaintiff had not completed 21 years of age
which mandates a declaration of the registration of the
& void and of effect.
marriage under SMA to be null
no
The cause of action is still continuing and subsisting one
as it is a clear cut mandate of Section 24(2) SMA that
the registration has to declared a nullity.
7 That the Counter Claimant says that he has prima facie
very good case in his favour as he is banking upon the
counter claim solely on the admissions of the
Defendant/Plaintif.
8. That the parties to the present counter claim resides ano
Work for gain within the territorial jurisdiction of this court
and thus this court has jurisdiction to try and entertain
this present counter-claim.
9 That the value of the counter claim for purposes of the
relief sought in the nature of declaration of the
registration of the marriage under SMA as null & void is
of
fixed at Rs. 200/- upon which the requisite court fees
Rs. 20/- has been affixed on the plaint.
10.That there is no other equally efficacious remedy
seeking the relief of
available to the counter çlaimant for
declaration in the nature of declaring the registration of
void and of no effect.
marriage under SMA to be nåll &
other than by way of filing the present claim
PRAYER
made, it is therefore most
In view of the submissions above
that this Hon'ble Court may
respectfully and humbly prayed
counter-claim be
kindly be pleased to allowing the present
pleased to declare the registration of the marriage dated
17.03.2010 to be null & void and of no effect, within the
mandates of Section 24(2) SMA, in the intrest of
meaning &
justice and equity, and also looking into the entirety of the facts
and circumstances of the case
Pass any other further
order/orders as this Hon'ble court
deems fit & proper,
may also be passed in favour of the
counter-claimant & against the
Defendant/Plaintiff. in the
interest of justice &
equity
It is prayed accordingly.
CONNTERCLAIMANT
THROUdH
W
P SINHA & GIRIK TOLANI)
Advocates
Counsels for the Counter-Claimant
Delhi Ch No 520. Saket Courts
Dated. New Delh
Enrl No: D-3609/16 EMAIL-
gink olani@gmal co
Mb: 9711798155
VERIFICATION
Verified at Delhi on this 29h
day of June, 2022 that the
contents of paras 1 to 5 of the
counter claim are true & correct
to the best of
my knowledge and those of paras 6 to 10 are
correct to information received
and believed to be true. Last
para is prayer to this Hon'ble court.
Counter-Claimant
IN THE COURT OF SH. VINOD
FAMILY COURT KUMAR, PRINCIPAL JUDGE,
(SOUTH), SAKET cOURT, NEW DELHI
Counter Claim No. of 2022
In
CS No. 23/2021
Inthe malter of
Raveena Bedi @ Rehana Vs Junaid Ahmed Rangrez
AFFIDAVIT
I. Junaid Ahmed
Rangrez, S/o Ghulam Nabi Rangrez, aged, about
38 years, R/o 47, Gali No. 1, 2nd Floor, Neb
Sarai, Pocket E, Harijan
Basti, Near IGNOU, New Delhi, do hereby solemnly affirm and
declare as under:
1 That the deponent says that he is Counter-Claimant in the
present case. and being conversant about the facts and
circumstances of the present case, thus is competent to swear
the present affidavit.
2 That the deponent says that the contents of the accompanying
Counter Claim U/o VIll Rule 6A CPC has been drafted by his
counsel and the contents thereof are true and correct to his
knowledggsand read over to him.
presenDe. ot the 0ah Can
61. No 31
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Delh 1
DEPONENT
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19 JUN 2022
RIFICATION
Sigo
Verified at Delhi on this 29" day of June of 2022 that the
contents of above affidavit are true and correct to the bestof
my knowledge
and belief and nothing material has been
Concealed there from.
t 202L Shr
CERTIFITO THATTHE CEPQNENT
n Junad Ahmed Lanqre3
JUN S/o. Wlo, D/o. DEPONENT
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