Times of India (India): Major told to pay Afghan 'wife' Rs 8K every month

http://timesofindia.indiatimes.com/news/city/delhi/Major-told-to-pay-Afghan-wife-Rs-8K-every-month/articleshow/5091605.cms

Major told to pay Afghan 'wife' Rs 8K every month
Smriti Singh , TNN
6 October 2009, 05:25am IST

NEW DELHI: The story of 20-year-old Bibi Sabera, an Afghan national, has taken a crucial turn with a trial court directing her alleged husband
Major Chandra Shekhar Pant to pay her a monthly maintenance. Sabera came to India to claim status of `legitimate wife' after she was allegedly dumped by Pant, who married her in Kabul according to Islamic rites.

While Sabera's plea seeking prosecution of Pant for bigamy is pending with the central government, the trial court's observation came after it found the incident to be a "prima facie case of economic abuse falling within the definition domestic violence''.

Awarding her an interim maintenance of Rs 8,000 per month, metropolitan magistrate Sunena Sharma trashed the arguments of Major Pant that Sabera was trying to falsely implicate him in the case and that he never married her. He claimed the photographs and other evidence place on record by Sabera's counsel Ravindra S Garia were fabricated and that his colleagues in the hospital knew he was already married.

Not convinced with Pant's contention, MM Sharma said: "It seems highly improbable that the applicant who has come from Afghanistan just to seek her status as a wife from the respondent, would have come with a false plea.'' The court relied on the nikahnama and the rent agreement executed in Kabul and placed on record by Sabera at the court. Both bore Pant's signature.

During the arguments when Pant's counsel contended the provisions of domestic violence act are not applicable to a foreign national, the court replied "there is no bar under the act for a foreign national to approach the court seeking relief if she proves herself to be in a domestic relationship''.

According to Sabera, she worked with the Indian mission in Kabul as a translator for Major Pant in 2006. She said the doctor had converted to Islam to marry her and changed his name to Himmat Khan but did not reveal his actual marital status.