Shoaib Malik, Sania Mirza and Ayesha , The story of Confused Marriage and Ego – The complete case study –
Reality views by Rayan Shah -
Shoaib Malik – is a Pakistani citizen and a Pakistani Cricket Player
Age – 28
Sania Mirza is an Indian citizen and Tennis Player from Hyderabad
Age – 24
Ayesha Siddiqui – A girl from Hyderabad
Age – 29
What is the story of Ayesha Siddiqui –?
Ayesha, who claims to be Shoaib Maliks first wife,
Ayesha Siddiqui, 29, claimed that she had been married to Shoaib since June 3, 2002. Shoaib accepts that Nikah, oath of marriage, took place on phone.
She alleges that their telephone and internet courtship culminated in the Nikah that was conducted over the phone by an Islamic cleric.
She says she has the document to prove it.
The marriage was performed by Hafez Mohammed Khaled for a haq maher of Rs500 and the document was attested by Sialkot residents Mukhtar Ali Khan and Syed Abrar Hussain. While Malik has signed the nikahnama, the bride’s signature reads ‘Maha Siddiqui’.
Further, although it has been issued in Sialkoat, hometown of Shoaib in Pakistani Punjab
Ayesha Filed a police complaint after it was announced that Malik planned to marry Indian tennis star Sania Mirza on April 15.
Police has registered the First information Report under sections
• 498 A (harassment),
• 420 (cheating)
• 506 (criminal intimidation) of the Indian Penal Code.
Police has seized the passport of Malik and told him not to leave the city without permission.
What is the Story of Shoaib Malik?
Shoaib Malik claims that He signed the ‘nikahnama’ thinking that he was marrying the girl whose photographs were sent to him.
Ayesha Siddiqui was the girl who had introduced herself as Maha Apa or elder sister of Ayesha and had taken him around in Hyderabad during his visits.
Shoaib claimed that Ayesha had starting making phone calls to him in 2001 when he was in Sharjah with the Pakistani team.
He said when he came to Hyderabad in 2002 to meet Ayesha; he was told that she had left for Saudi Arabia for some urgent work. “She told me over phone that Rema and Maha Apa would take me around,” he claimed.
Maliks says that in 2002 Ayesha forced him into marriage over telephone It happened in August 2005. My brother-in-law got a photograph of a teacher in Saudi Arabia who was telling people around her that Shoaib was married to her. His nephews were studying in that school. I was aghast when he showed me the photograph of the teacher. The woman in the photograph was the woman I called Maha Apa.”“I immediately confronted Maha Apa. I told her I didn’t want to speak to her again. I told Ayesha I was going to release photographs she had been mailing me to the media. She apologized and told me that the other girl was married and that I would ruin her life if I release the photographs. I thought about it, who so ever is in the photograph does not even know about all this and it would not be fair to release the pictures.”
Now as all the 3 Parties are Muslim families so here Muslim Personal law will be applicable.
First understand and know the Pakistan Muslim law in short –
In Pakistan marriage age is 18
Islam permits the Male to marry 4 times, to keep 4 wives, but as per the Pakistani Islamic law
for the second marriage a husband must seek permission from his first wife.
Position of Indian Muslim law –
As Per Indian Muslim law, Muslim person can marry 4 times, can keep 4 wives.
Indian Muslim man does not need to take the permission of the first wife to marry second female.
It is just expected that he should be able to maintain both the wives.
the nikah on telephone according to Islamic Shariat was invalid.
But in case of Malik he has accepted the Nikahnama sign so now there is no question of telephonic talk and nikah.
Everything depends on the Nikahnama document. And does Malik can prove that he married different girl and he met different girl.
The girl cheated him by sending the false photographs.
Now in this all case
The telephone and internet talk and oath are not important.
Most important is Nikahnama and does Nikahnama fulfill the requirement of that document.
Understand what is Nikah and Nikahnama, Muslim Marriage? –
Nikah – The legal contract between a bride and bridegroom as part of an Islamic marriage; the contract of Islamic marriage; Islamic marriage
A Muslim marriage requires proposal ‘Ijab’ from one party and acceptance ‘Qubul’ from the other side. This must be done in one sitting.
Nikahnama is legal document and Court will verify that the Nikahnama is signed by the witnesses, the agent who is called as Vakil, this is not a legal advocate or lawyer, just the agent is called as Vakil.
Now in this does anybody got the power and right to stop Malik and Sania marrying on
April 15?
As per Muslim law and Indian law no one can stop Malik and Sania marrying each other on April 15.
Indian Police has registered the case against him under
• 498 A (harassment),
• 420 (cheating)
• 506 (criminal intimidation) of the Indian Penal Code.
Indian Penal Code 498 A deals with the dowry –
“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also is liable to fine. The offence is Cognizable, non-compoundable and non-bailable.
From so many years both Ayesha and Malik are not staying together, so the question of
498 A does not arise.
This law is used when the wife is beaten or troubled by her husband or his family regarding dowry.
Malik is richer than Ayesha so this is 2nd point this Indian penal code section is not useful in this case.
In this case marriage itself is the question? So where the question of harassment does arises.
Indian Penal code 420 Cheating and Malik –
420. Cheating and dishonestly inducing delivery of property. Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Of fraudulent deeds and dispositions of property
The marriage is not proven, so there is no cheating that he is marrying 2nd time.
Point number 2 is that As per Indian Muslim law Malik does not need to take the permission from his first wife Ayesha to take the permission for second marriage.
In this way again there is no case of cheating on the part of Malik.
Still it is not proven that Malik has taken any wrongful financial advantage of Ayesha.
Indian Penal code section 506 – criminal intimidation and Malik –
506. Punishment for criminal intimidation.– Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc. If threat be to cause death or grievous hurt, etc. and if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 3[imprisonment for life], of with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
It is very difficult on the part of Ayesha and police to prove that Malik has done this.
There is no reason or motive for Malik to do this type of crime, when no one can stop him marrying for the 2nd time.
Advice for Malik – He should get the anticipatory bail from the Sessions court.
What will happen if Malik and Sania get married together and later Nikahnama proves that Ayesha is his first wife?
In this case The marriage of Sania Mirza with Malik will be legal and will be seen as 2nd marriage of Malik.
Malik will be required to give good life to the first wife Ayesha.
If Ayesha wants divorce she can take the Khulla that is divorce from Malik.
Malik will be required to give Mehar amount to the Ayesha.
The question is why all the three families are fighting with each other, when the solution is simple.
Sit together, Discuss it and solve it.
if Ayesha wants divorce she should go to the concern authority and get the Khulla from her husband.
Only point is that may be Ayesha really married with Malik by hook or crook and she loves him lot one sided so she expect that Malik should give her respect and divorce her.
Now ball is in the hands of Court and everything will depend on the Nikahnama,
