Tuesday, August 13, 2013

Family Appeal U/S. 14 SFCA


IN THE COURT OF DISTRICT JUDGE
AT KARACHI CENTRAL

Family   Appeal #  1 70 /2002



Muhammad  ……………………………………………     Appellant

VERSUS

Mst.            ……………………….......................………     Respondent




APPEAL UNDER SECTION  14 OF THE

SINDH  FAMILY  COURTS ACT, 1964



That the appellant above named implores as under:

1.     That the respondent on 22-5-2000, filed a family suit bearing # 2502/2000 in the court of X Civil / Family Judge Karachi central for recovery of dowry articles worth RS. 1,50,000/-. The facts of the respondent case are that she was married with the defendant at Karachi on 19-04-1996 in lieu of dower amount of RS. 5500/- the dower amount still unpaid. The respondent appended Nikahnama with the plaint. The respondent further stated that there is no issue in this wedlock and at the time of marriage she was given dowry articles including golden ornaments worth RS. 1,50,000/-. A list of dowry article was attached along with receipt in order to prove the claim. The respondent moreover said she was turned out from the house by the appellant without any reason on 29-07-1996 after beating and from this time she is residing with her parents at Karachi and such articles are in the custody of appellant at Rawalpendi.

2.     That the appellant  after service filed his written statement with a plea that  dower amount was paid in shape of golden ornaments and the same are still in the possession of respondent. The appellant further stated that the respondent was pregnant at the time when she left the house of appellant and in proof he filed a copy of receipt of golden ornaments as well as a receipt of pregnancy test dated 24-07-1996.

3.     That the pretrial was failed because of none appearance of the parties and following issues were settled.

Issue No.  1.     Whether dowry articles are in possession of
defendant?
Issue No.  2.     Whether plaintiff is entitled for return of dowry
articles as prayed?
Issue No.  3.     What should the decree be?

4.     That the respondent appeared before the learned trial court and she was examined as exhibit 05, PW-1. She produced list of dowry articles exhibit 06, purchase receipt of golden ornaments dated 01-04-1996 as exhibit 07, purchase receipt dated 03-04-1996 as exhibit 08, purchase receipt of washing machine supper Asia as exhibit 09, purchase receipt dated 16-04-1996 as exhibit 10, purchase receipt of sewing machine dated 15-04-1996 as exhibit 11, cash memo # 211 dated 07-02-1995 as exhibit 12, cash memo dated 01-03-1996 as exhibit 13 and Nikahnama as exhibit 14. On 15-09-2001, the respondent closed her side of evidence. 

5.     That the appellant appeared and he was examined as DW-1 as exhibit 15. He produced receipt of golden ornament dated 07-04-1996 as exhibit 16, purchase receipt of gold finger ring dated 07-04-1996 as exhibit 17, copy of pregnancy test dated 24-07-1996 as exhibit 18. 

6.     That the appellant examined Muhammad Ayub as DW-2 and Muhammad Hanif as DW-3, exhibit 19 and 20 respectively and closed the side of his evidence.

7.     That on 27-10-2001 post trial was declared failed as both the parties were not inclined to patch up the matter.

8.     That the learned court below after hearing the parties through their counsel decreed the suit of respondent for dowry articles vide decree dated 22-12-2001. (Photo state of judgment and  decree are appended herewith and marked as ‘A’  and ‘B’).    

GROUNDS

1.                 That the impugned judgment and decree passed by learned court below  appended with the memo of appeal as annexed ‘A’ and ‘B’ are capricious, arbitrary, whimsical, bad in eyes of law on the point of facts as well as law and  are not sustainable under the law but both are liable to be set aside and for such, interference of this Honorable court is just and necessary to meet the ends of justice.

2.                 That the respondent by deposing in evidence that list of dowry articles was prepared at marriage has traveler beyond her pleading as in the  entire plaint this fact has not been mentioned. That in paragraph# 6 of the plaint it has been mentioned that the dowry articles received by the appellant but the list appended with the plaint does not show the signature of appellant. 

3.                 That scriber of the list of dowry articles has not been examined and the respondent further did not examine any witness in her favor supporting the delivery of dowry articles at the time of marriage. 

4.                 That the learned court below has exhibit difference receipts of purchasing and relied upon while decreeing the suit of  respondent that is sheer violation of law as  unless scriber of a document is not examined the same is not prove and no reliance can be placed on such document.

5.                 That none of the receipts showing in the name of respondent nor there are any signature of the defendant or any of his relative even some receipts does not show the name of purchaser. Most of the receipts are in the brother of the respondent which were even not examined and in such circumstances there is no proof that these articles which were purchased in the month of April 1996, were too given as dowry articles to the respondent.

6.                 That the appellant on the other hand in the support of his version has examined two witnesses, who attended the marriage and out of them Muhammad Ayub and both are independent and impartial persons but the learned court below has not weighed the evidence of these two persons in juxtaposition.

7.                 That no other appeal has been preferred prior  to this and this appeal is in fact time barred but appellant has filed an application for condonation of delay as well as exemption from payment of court fee until application for condonation of delay is granted.

8.                 That other grounds shall be urged at the time of hearing of this appeal.

PRAYER


The appellant therefore prays  most humbly that this Honorable court may be pleased to pass the following order in favor of the  appellant and against the respondent as under:-

a)    To call for record and proceeding of family suit #2502/2000 from the court of X Civil and Family Judge Karachi Central and after hearing the parties if any to  set aside judgment dated 15-12-2001/decree dated 22-12-2001 passed by X Civil /Family Judge Karachi Central in Family suit # 2502/2000, declare the same to be null and void, having no legal effect, not binding for the appellant and consequently dismiss Family Suit # 2502/2000 filed by respondent against the appellant.

b)    Any other equitable relief (s) as this Honorable Tribunal may deem fit and proper under the circumstances of this appeal.

Karachi.
Dated  04-02-2002                                                                                                            
Appellant


                                                            S M ZUBAIR
 Advocate for the Appellant.    
      

 

 IN THE COURT OF DISTRICT JUDGE
AT KARACHI CENTRAL

Family   Appeal #  1 70 /2002



Muhammad  ……………………………………………     Appellant

VERSUS

Mst.            ……………………….......................………     Respondent


 AFFIDAVIT

I, Muhammad son of  Muhammad, Muslim adult resident of presently at Karachi do hereby state on oath as under:-


1.                 That I am appellant in the above matter and am fully conversant with the fact of this appeal and able to depose the same.

2.                 That accompanying appeal under section 14 of Sindh Family Courts Act, 1964 has been drafted and filed by my counsel under my specific instructions, contents therein are true and  correct to the best of my knowledge, information and belief.

3.                 That for the sake of brevity, I adopt the contents of accompanying appeal as an integral part and parcel of this affidavit and in order to avoid duplication do not repeat the same.

4.                 That I shall be seriously prejudiced and suffer an irreparable loss until accompanying appeal is granted.

5.                 That whatever stated above is true and correct to the best of my knowledge, information and belief.

Karachi                                                                           
Dated: 04-02-2002.                                                                                    
Deponent

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