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
