IN THE COURT
OF SESSION JUDGE MALIR KARACHI.
H.C.P. No. /2014.
Mst. FARIDA………………………….………………………………PETITIONER
VERSUS
1.
REHMAT ALI
2.
S.H.O.
P.S. Gulzar
Hijri
Karachi.………………………………..…………..…RESPONDENTS
AYYAZ S/o. REHMAT
ALI ………..…………………..……DETENUE
PETITION
UNDER SECTION 491 CR.P.C
It is respectfully prayed on of behalf
of petitioner above named that this honourable court may be pleased to direct
the respondents to produce, recover the detenue before this honourable court on
the consideration of the following facts and grounds:-
FACTS AND
GROUNDS
1)
That
the Petitioner is the real mother of the minor/detenue aged about 7 months of
tender age.
2)
That
the Petitioner above named was married with the Respondent No. 1 at Karachi, on
19/01/2009 in accordance with the provisions of Family Law Ordinance 1961
against the dower Amount of 4 tollas gold which is still unpaid.
3)
That
after her marriage the Petitioner above named lived with the Respondent No. 1 at his house as his legally wedded wife, has
made all of her services entirely at his own satisfaction, lived with him as
his faithful wife.
4)
That
due to the said wedlock one issue namely AYAZ was born, who
is presently in custody of the Respondent No. 1, on
07/5/14, Petitioner’s father came her home to see her, suddenly the respondent
No. 1 came and he maltreated the Petitioner and her father and threatened that
he will kill her and his father also, Petitioner’s father saved her daughter
from the respondent, and he snatched the minor from the petitioner, and turned
her out from his house.
5)
That
the respondent No.1, above named due to his acts, attitude, conduct, behavior,
treatment with the petitioner has caused serious hatred in petitioner mind, has
made her life miserable but being religious minded, Allah’s fear the petitioner
keep on trying to tolerate all of the same but now since the respondent above
named has proved himself as a greedy man, has failed to pay the
maintenance/allowance, dower amount, any other benefits to the petitioner, has
made her life miserable.
6)
That
during all the period wherein the petitioner lived with the respondent as a
wife she was insulted, misbehaved, torture, beaten, maltreated, kept
unmaintained through the respondent but her parents have made all of their
efforts for the respondent to get him able to come on right way but all in
vain.
7)
That
the matrimonial relationship of petitioner and respondent become more strained
and difficult when the respondent started to keep on trying to defame the
petitioner.
8)
That
the detenue/baby is a minor boy tender aged 7 months only and he needs his
mother/petitioner because the minor is very Small the mother /petitioner can
only look him after properly rather than the respondent father because he
remains busy in his work.
9)That the petitioner tried several times to become
this relationship strong, while the respondent got second marriage and he never
provides the maintenance to the petitioner. That is why the petitioner filed a Family Suit bearing No. 409/2014 for
Dissolution of Marriage by way of Khula against respondent No. 1, before VII
th. Family Judge Malir Karachi, and now they have no connection with each other and
the respondent has put the detenue in habeas corps in his house amounting to abduction
and as such the detenue is liable to be recovered from their illegal detention.
Photocopy of Family Suit is attached herewith and marked as annexure “P/1”.
10) That the Petitioner is
real mother of the detenue, aged about 7 months, and is liable to file this
Application before this Hon’ble Court.
11) That the detenue is
minor and need love and care of his mother and the respondent No.1 malafidely
and due to ulterior motives kept the custody of minor detenue and even not
allowing the Petitioner to see face of the minor and due to reason the detenue
is under acute tension and last her peace of mind being away from her mother.
12) That as per credible
information received by the Petitioner, the respondent No. 1 has not looking
after being a father, and the Petitioner has great apprehension of the bad
health of the minor.
13) That the minor/detenue has
become miserable being away from his mother, as the respondent No. 1 is not
allowing to the Petitioner to visit/see the minor/detenue.
14) That the minor/detenue
is being treated cruelly by the respondent No.1, the respondent has
demonstrating his negligence towards the food and other necessities of life of
minor/detenue.
15) That due to cruel and
inhuman attitude of the respondent No.1 towards the minor/detenue, there is a
serious apprehension that the health, mental condition and the future of
minor/detenue shall be destroyed, if he is kept away from the Petitioner and in
the illegal and unlawful custody of the respondent No.1.
16) That the further grounds would be argued at the
time of hearing of this petition with the kind permission of this honourable
court.
PRAYER
It is respectfully prayed on behalf of the
petitioner above named that this honourable court may graciously be pleased to
issue the writ of habeas corpus and direct the respondent No. 2 to recover from
the respondent No. 1, produce before this Hon’ble Court and hand over the
custody of the minor/boy to her mother/petitioner.
Prayer Is Made In The Larger Interest Of Justice.
Karachi.
Dated: 06/06/14. ____________
PETITIONER
The
Petitioner identified by me
Advocate for the Petitioner
IN THE COURT
OF SESSION JUDGE MALIR KARACHI.
H.C.P. No. /2014.
MST. FARIDA…………….……………………………………PETITIONER
VERSUS
REHMAT ALI & Other
………………........…….…… RESPONDENTS
AFFIDAVIT
I, Mst. FARIDA D/o. ____, Muslim,
adult, resident House No 276, Karachi do hereby
state on oath as under:-
- That I am the petitioner in this case, as well as deponent of this affidavit, as such am fully conversant with the facts stated here in.
- That the memo of petition u/s 491 Cr.P.C for issue of writ of habeas corpus against respondent, has been drafted and filed under my instruction and the contents whereof may be treated part and parcel of this affidavit for the sake of brevity.
- That Birth Certificate of Detenue/minor is in the custody of the respondent No. 1.
- That unless the accompanying petition is allowed, I shall be seriously prejudiced and suffer irreparable loss.
- That whatever has been stated above is true and correct to the best of my knowledge and belief.
Karachi.
Dated: 06/06/14. ____________
Deponent
The
deponent is identified by me.
Advocate
Sworn on oath before me by the Deponent at
Karachi this Day _______ of ______ 2014 By the Deponent above named who is
identified to me by S. M. ZUBAIR,
Advocate, who is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVIT.
