Habeas Corpus Petition

                                                                                                             

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:-

1. 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.

2. 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.

3. That Birth Certificate of Detenue/minor is in the custody of the respondent No. 1.

4. That unless the accompanying petition is allowed, I shall be seriously prejudiced and suffer irreparable loss.

5. 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.