Application Under Section 491 Cr.P.C

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

Cr. Misc. Appl. No. Nil /11.

                                                                                   

Mst. ABC           ………………………………..                  APPLICANT

VERSUS

1.     Syed AZHAR Ahmed


2.     S.H.O.
P.S. Pak Colony
Karachi                      ...………………                                RESPONDENTS

Syed Muhammad Azeen Ahmed   ………………            DETENUE

                

APPLICATION U/S 491 Cr.P.C

          It is respectfully prayed on behalf of the applicant abovenamed that this Hon’ble Court may be pleased to direct the respondent No. 2 to recover the detenue before this Hon’ble Court on consideration of following facts and grounds.

FACTS & GROUNDS

The applicant above named respectfully submits as under:

1.    That the applicant was married with respondent on 8th September 2003, and rukhsati taken place on same date. (Copy of Nikahnama is attached herewith as annexure “A”).

2.    That after marriage one issue was born namely Syed Muhammad Azeen Ahmed mentioned above. (Copy of Birth Certificate is attached herewith as annexure “B”).

3.    That on 10 th March2011, both the parties decided to leave each other and the applicant divorced to the respondent on 26 th March 2011, and a Divorced Deed draft by the respondent and sent to the respondent parents house which was received by the respondent. (Copy of Divorced Deed is attached herewith as annexure “C”).

4.    That the respondent has divorced the applicant and now they have no connection each other and the detenue was legally in custody of the applicant/mother.

5.    That on 26/03/2010 the respondent No.1 came at the house of the applicant and forcibly, illegally, unlawfully, without due course of law snatched the custody of minor from the applicant, and have put the detenue in habeas corps in their house amounting to abduction and as such the detenue is liable to be discovered from their illegal detention.

6.    That the applicant is real mother of the detenue and is liable to file this Misc. Application before this Hon’ble Court.

7.    That the detenue is minor and need love and care of his mother.

8.    That the respondent No.1 who malafidely and due to ulterior motives kept the custody of minor detenue and even not allowing the applicant to see the 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.

9.    That as per credible information received by the applicant, the respondent No. 1 has not looking after being a father, and the applicant has great apprehension of the bad health of the minor.

10. That the minor/ detenue has become miserable being away from his mother, the applicant, as the respondent No. 1 not allowing to the applicant to visit/meet the minor/detenue.

11. 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.

12. 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 applicant and in the illegal and unlawful custody of the respondent No.1.

13. That further grounds shall be submitted at the time of hearing of this application.

PRAYER

It is respectfully prayed, on behalf of the applicant, above named, that Hon’ble Court may graciously be pleased to direct the respondent No.2 to recover the detenue from wrongful private confinement of the respondent No. 1 and to produce the detenue before this Hon’ble court and also take legal action against the respondent No.1 who has illegally put the minor/detenue in his wrongful private confinement amounting to abduction.

Prayer is made in the larger interest of justice.

Karachi.

Dated:

Applicant

Identified by me

                                                                               

S M  ZUBAIR

(ADVOCATE)

VERIFICATION

                    I, Mst. ABC, Muslim, adult, R/o. of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.    

Dated: ------/09/11.                                                               

                                                                                                    Deponent/Applicant

The deponent identified by me

                                                                               

                                                                                                            S M  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF DISTRICT & SESSION JUDGE AT KARACHI WEST

Cr. Misc. Appl. No. Nil /11.

                                                                                   

AFFIDAVIT IN SUPPORT OF APPLICATION

UNDER SECTION 491 Cr.PC

I, Mst. ABC, Muslim,adult, R/o. House No. C-161, Hasrat Mohani Colony, Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:

1.               That I am APPLICANT in above titled suit and deponent of this affidavit, as such am fully conversant with the facts of the matter deposed herein:

2.               That the accompanying application APPLICATION UNDER SECTION 491 Cr.PC for issuance of WRIT OF HABEAS CORPS has been drafted and filed under my express instructions and contents whereof are true and correct and the same alongwith contents of the memo of plaint may please be treated as part of this affidavit for the sake of brevity.

3.               That I say that I have a good prima facie case, and balance of convenience lies in my favour and until and unless accompanying application is granted as prayed I will be seriously prejudiced and shall suffer irreparable loss.

4.               That  I say that whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                                                           

Dated: ­­   /03/2012.

Deponent/Applicant

The deponent identified by me

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS