Mohammed Arif, the soldier who was presumed dead with a wife married off to another man, has filed a case against the maker and actors of a film based on the life of his dead wife Gudiya. Filed under provisions of the Indian Penal Code and the Copyright Act, the appellant has alleged that the film has been made without the knowledge of the deceased’s family.

The film, Kahani Gudiya Ki, directed by ad filmmaker Prabhakar Shukla was screened at the just concluded 10-day Osian’s Cinefan (a festival of Arab and Indian cinema) in New Delhi. It stars Divya Dutta in Gudiya’s role while Arif Zakaria plays Arif. Both actors and the director have been named in the case.

Anil Bakshi, Arif’s lawyer said the director had met Arif’s family under an assumed name three months ago.

“They got Gudiya’s story from the family, going as far as getting a written script from Arif’s brother Hamid. During the initial meetings, Shukla did not disclose his name or intention. But when the family got suspicious, he admitted that he was planning a film. He also assured the family that the film would not be released without the family’s approval and that they would be given appropriate royalty”.

In addition to alleging breach of trust and fraud, the petitioner is also claiming Rs 50 lakh in damages from the film maker.

Shukla, an ad director has defended himself by claiming that his film is neither a documentary nor a bio pic, but an overview of a social issue, for exploring which no permissions are required. During the anxious days when Gudiya’s life hung in balance as the clerics and elders pondered on whether she belonged to her first husband or the second, Taufeeq, she had said:  “It must be my bad luck, or else why would I have faced so much at this young age”. Meanwhile the case will come up for hearing on August 2.