“The Neglected Truth”

 

 

 

 

 

 

 

 

 

 

 

Author

Muhammad Hadi Ali Khan

( a/s  Makki Sahab )

 

S/O  (Late) Capt. Shaida Ali Khan

Grand Son of  (Late ) Lt. Col. Asad Ali Khan

 

House No. 2,  Mohalla Panjabiyan,

Near Police Chowki Razzar

Police Station Ganj,

Rampur – (UP) – 244901

 

 

 

 

The Complete Story

Part-I :      From Marriage to Divorce (April-1987 to April-1991)

Part-II :    From Divorce to the Court (April-1991 to April-2005)

 

Part-I : From Marriage to Divorce (1987 – 1991)

         1)         Mr. Shabbir Ali Khan  a/s Shakeb Sahab (a Senior Advocate & the president of the Rampur Bar Assiciation in 1989) contracted the marriage of her daughter, Mrs. Farzana Jamal, with me on 19-04-1987, with his wrong and illegal intention of keeping her busy in his own house –hold affairs, as he was in the strong need of a reliable female member in his family to maintain and supervise his house-hold affairs after the death of his wife. Since there was no member alive in my family except my old and ailing mother, he took the wrong advantage of my loneliness in the fulfillment of his illegal intention by making the wrong use of his position as a senior Advocate. Consequently, she hardly lived in my association and company for one and a half year out of the total period of about four years of her matrimonial life.

         2)         Since the beginning of our matrimonial life, Mrs. Farzana Jamal used to go to her father’s house on one or other pretext; when I went to call her back, her father used to detain her and used to disgrace me before his family members including his elder son-in-law and to cause harassment to me by framing absolutely false and frivolous allegations against me and my mother and used to threaten me to dissolve her marital relation with me.

         3)         After four months of our marriage in August 1987, when Mrs Farzana Jamal was expected (pregnant), she went to her father’s house and terminated the pregnancy by abortion and she as well as her father alleged me to be impotent. Later on the matter was resolved by some well-wishers of family.

         4)         While living with me, Mrs. Farzanz Jamal used to force me to fulfill her illegal demands, e.g., to provide extra money beyond my means for herself and her father; failing which, she used to destroy my house-hold articles, used to consume my monthly ration by distributing it to other persons in my absence without my consent. When I used to prevent her of doing so, she used to disgrace me by citing example of her elder brother-in-law, Mr. Mohd. Shamim Khan, who is a rich industrialist and a business man in Bangalore;  and used to threaten me to involve me in many criminal cases to be instituted on concocted grounds by using the position of her father as a Senior Lawyer and as a president of Rampur Bar Association., thus black-mailing me in that way.

 

 

         5)         Later on, she initiated with the help of her father, an un-warranted litigation against me on the false and concocted grounds in the court of the District Judge, Rampur (Ref:- Misc. Case no. 98 of 1990), when I brought with me my 2-year old son master Monis Ali Khan, back to Aligarh from the house of Mr. Shabbir Ali Khan for his medical treatment in JN Medical College, Aligarh on 26-08-1990, after his prolonged illness in Rampur since 12-04-1990, but Mr. Shabbir Ali Khan took my son back to Rampur again on 19-09-1990 without any order of the District Judge, Rampur in whose court the case was pending, thereby, crushing my legal right of supervision as a father and as a legal guardian of my aforesaid son, and also forced the minor to live in an uncongenial atmosphere away from me and continued to receive money from me for their maintenance.

         6)         Thereafter, I tried my level best to resume and restitute cohabitation with Mrs. Farzana Jamal and to retain the marital tie with her in a suitable and pleasant manner, by sending well-wishers and relatives to her father’s house, but her father informed them that she did not want to lead her life with me in any manner and despite my best efforts for an amicable and respectable settlement with her and to bring the clock back, she had not been ready to join me even after completing one year in her father’s house where she was residing since 12-04-1990.

            The persistent cruelty, cheating, black-mailing and disgracing by Mrs. Farzana Jamal and her father and her recurrent prolonged detention by her father throughout the course of the matrimonial life, as summarized above, had caused severe damages to my life, property, my prestige and my religion and had left no alternative remedy for me but to dissolve the marital tie with Mrs. Farzana Jamal.

 

The copy of the notice of divorce is given on the next page

 

 

 

 

 

 

 

From the Office of Sri Fareed Ahmad Zaidi, Advocate, Civil Courts, Aligarh.

To

Under instructions from and on behalf of my client Sri Mohd. Hadi Ali Khan, son of late Capt. S. A. Khan, presently residing at 20, Nafis Manzil, Kela Nagar, Civil Lines, Aligarh, I have to inform you noticee as under :-

         1.            That my client was married with you noticee on 19-04-1987 as per Muslim rites and usages. A Mahar of Rs 10,000/- was agreed upon which is payable by my client to you.

         2.            That out of the said wedlock, two issues were born who are living and staying presently with you.

         3.            That your behavior towards my client has never been such affectionate as is expected from a wife. You have been not only cruel in your treatment with my client but also to his children as well as his old and ailing mother. Since you have intentionally withdrawn yourself without any legitimate reason from the company of my client, you have thereby deprived him from cohabitation with you as well as from having the pleasure of the company of his children.

         4.            That you have been staying with your father from 12-04-1990 along with the children under the instigation of your father who has been responsible solely for the damage of the marital life of my client.

         5.            That my client has always made an endeavor to retain his marital tie with you in a suitable and pleasant manner, but to no avail. Ignoring your long and continuous absence along with the children from the company of my client, he tried his level best to resume and restitute cohabitation with you and to bring the clock back, but could not succeed because of due co-operation from your end.

         6.            That my client served a legal notice on you dated 04-10-1990 calling upon you to resume cohabitation with my client of which you gave no heed. You refused to accompany with my client when he personally contacted you after the service of notice. Your father informed my client that you do not want to lead your life with my client in any manner. Your father seems to keep you busy in his own house-hold affairs at the cost of your future life. Your father has also given similar replies to the well-wishers, relatives and friends of my client.

         7.            That moreover, the future of the children of my client is also at stake in your hands as they have not been allowed to live in the company of my client rather have been forced to live in an uncongenial atmosphere. They are not provided with proper care, attention and education.

 

 

 

However, my client has been continuously paying substantive amount of about Rs 400/- to     Rs 500/- per month for their proper maintenance.

         8.            That despite his best efforts for an amicable and respectable settlement with you, you have not been ready to join my client. Hence, under these circumstances, my client is left with no alternative remedy but to dissolve the marital tie with a heavy heart. My client, Mohd. Hadi Ali Khan, aforesaid, has pronounced, therefore, a “Talaq” for thrice as per Muslim Law and thereby has severed the marital relation with you on this 26^th day of April 1991. Consequently, the marital relations with you of my client are no more in existence. You are legally entitled to re-marry with a person of your choice after undergoing the requisite period of iddat.

         9.            That my client is hereby remitting you the amount of your Mahar, of Rs 10,000/- together with Rs 1,500/- towards your fair and reasonable provisions and maintenance.

       10.          That my client is eagerly willing to keep his children with him. Please arrange for their re-settlement so that their welfare is properly protected.

                        You are, accordingly informed.

Dated :-  26-04-1991

(Fareed Ahmad Zaidi)

Advocate.

(Mohd. Hadi Ali Khan)

          Copy forwarded to Sri Shabbir Ali Khan, Advocate, District Courts, Rampur for information.

Dated :- 26-04-1991                                                         (Fareed Ahmad Zaidi)

 

Part-II :  From Divorce to the Court (April-1991 to April-2005)

1)                     The Notice of divorce, sent by me through my counsel, was received by Mrs. Farzana Jamal and her father Mr. Shabbir Ali Khan, Advocate. Mr. Shabbir Ali Khan rejected my demand of keeping my children in my care and custody and the following two deeds were signed by the parties, in presence of the mediator Mr. Aftab M. khan and witnesses Athar Ali Khan and Masood Ali  Khan (brother of Farzana Jamal) on  02-05-1991:-

(a) Acknowledgement was signed by Mrs Farzana Jamal and her Father and brother, through which the receipt of Mahar, maintenance allowance during Iddat period, all articles of Jahez and all articles including the precious jewelery gifted to her by her husband and his relatives, was acknowledged;

(b) Agreement was signed by the parties through which, I,  M. Hadi Ali Khan undertaken to pay   Rs 700/- per month to Mrs. Farzana Jamal, as a maintenance allowance for the two minors living in the custody of their mother, till they attain the ages according to Muslim Law;

2)                     In accordance with the agreement made between the parties as referred above, I kept on paying the sum of Rs 700/- per month to Mrs. Farzana Jamal, as the maintenance allowance regularly without any lapse, for both the minor  children Monis & Siddiqa (applicants no. 1 and 2), from the date of divorce till the year 1998, and subsequently, I increased the amount of maintenance allowance from Rs 700/- to Rs 800/- per month in the year 1999 without any demand from their mother Farzana Jamal and continued to pay the same amount, that is, Rs 800/- per month to both the minor children till they joined my company in Aligarh in May 2004, in addition to different amounts gifted to them at different occasions, and thereafter I got admitted both of them to class VIII in Zakir Husain Model  Sr. Sec. School, Aligarh in July 2004 and born all the expenses for both Monis & Siddiqa till March 2005, when the I received the notice from the Rampur-Court that a criminal case was filed against me in Rampur on 24-12-2004 and since April 2005, I have been attending the court at Rampur.

 

Part-III :  The Behavior of Monis &  Siddiqa (children) with their father (me):-

1.  During the entire period of their stay in my company, both of them, kept on projecting the poison of high degree of their abhorrence with me, through their persistent suspicious, aggressive, insulting and cruel conduct and fraudulent activities towards me and my family. This poison  was accumulated in their heart from the beginning of their lives they spent in the company of their maternal relatives who, kept them away from my company and never gave them any opportunity to see me ( as their father), and used to send them frequently to

     Bangalore for long times throughout the period of about twelve years after divorce despite of receiving regularly the maintenance allowance from me every month as agreed upon under Muslim Law, and also trained and prepared them to damage the life, prestige, family, property and wealth of their father

and made their nature quite incompatible and inconsistent with the life and nature of their father.

 

2.  Consequently, during their stay with me, both of them (Monis & Siddiqa) remained unfaithful, disloyal and dishonest to me, despite my love & affection towards them being more than that towards my other three minor children.

 

3.  Both Monis & Siddiqa not only used to cheat me frequently but also used to injure my prestige & honor and they always used to humiliate & disgrace me against their mother and maternal relatives as if, they had come to punish me for any crime committed by me in the past.

 

4.  During their stay with me, both Monis & Siddiqa put a heavy burden of the debts on my head by cheating me and causing the wastage of my money.

 

5.  I, the father of Monis and Siddiqa, have never neglected or refused to maintain both of them living in my company in Aligarh and spent the amount more than Rs 30,000/- (far beyond my capacity) over them within the period of 4 months for the sake of keeping them happy, but even then, they chosen to live in the company of their mother and maternal uncles who were directing them to go against me by living in a separate house of Mr. Zia-un-Nasir, in Friends Colony in Aligarh. Ultimately both Monis & Siddiqa left my house in the absence of my family & me on 26-10-2004, along with all the bags & baggage I provided to them, with the help of their maternal uncles – Masood, Farhat and Sabahat.

 

6.  While living with me in Aligarh, they always used to disgrace me in many ways. When I used to prevent them of doing so, they used to threaten me to involve me in fictitious criminal cases, with the help of their maternal uncles having good relations with the senior advocates and the Judges of the Rampur Court and to get the desired order from the Rampur-court to draw the maximum amount from me by framing false allegations against me.

 

7.  As such, their mother filed a criminal case against me in the Rampur court, in December 2004, demanding from me a sum of Rs 6000/- per month as the maintenance      allowance for them, which is far beyond my capacity, as I can not afford Rs

    3000/- per month even for my other three minor children.

 

8.  Their mother (Farzana Jamal) is also getting a large financial aid from her brother-in-law, Mr. Mohd. Shamim Khan, who is a rich businessman and Industrialist in Bangalore, and she also wants to get a huge amount from me as well, in the garb of maintenance allowance, to get a share from it for herself as well as for her three low-educated brothers.

 

9.  It is clear from the story narrated above, that Farzana Jamal used the power and position of her father (Late) Shabbir Ali Khan as an Advocate and the President of Rampur Bar Association, to keep on crushing my all legal rights and black-mailing me throughout the matrimonial life before divorce, as well as throughout the period after divorce, and she is now using her two children “Monis and Siddiqa” to damage my life, prestige and family by making them my “Most Dangerous Enemies”. The above circumstances created by Farzana Jamal badly injured the mental and physical condition of my mother to such an extent that she expired on 15-02-2005, leaving behind me quite alone without any helper or well wisher.

 

10.     Presently the case is pending in the Rampur-court since December 2004, and the court has not been able to decide the case, up to March 2007, despite the best efforts made by Masood (the brother of Farzana Jamal) & the heavy financial aid provided by her brother-in-law Mr. Mohd. Shamim Khan from Bangalore, as the case is entirely based on fraud.

 

M. Hadi Ali Khan

Last updated:- 10-03-2007