IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2004
Muhammad Shoaib
S/o Mehmood-ul-Hassan,
Muslim, Adult, R/o House No. A-767,
North Nazimabad, Karachi.-------------------------------PETITIONER
VERSUS
1. Mst. Fouzia
D/o Umar Daraz Khan,
Muslim, Adult,
i) R/o H. No. 77-P,
Block 6, PECHS, Karachi.
ii) H. No. A-474, Block 5,
Gulshan-e-Iqbal,
Karachi.
2. Baby Javeria Shoaib
D/o Huhammad Shoaib,
Through her mother,
Mst. Fouzia
3. IInd Civil & Family Judge
Karachi, South.
4. District & Session Judge,
Karachi South.-------------------------------------RESPONDENTS
CONSTITUTIONAL PETITION UNDER ARTICLE 199 OF THE
CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN
That the petitioner abovenamed respectfully begs to
submit as under:--
1. That the petitioner has got no other alternate
affections, adequate remedy except to invite the
extra ordinary Constituted Jurisdiction of this
Hon’ble Court.
2. That the abovenamed petitioner has not concealed or
suppressed any facts from this Hon’ble Court.
3. That the appellant and respondent No. 1 had married at
Karachi on 15-01-1994, according to Muslim
personal Law, to which dower the amount was fixed
Rs. 51000/- i.e. half deferred and half promts, and
the dower amount was paid by the appellant to the
respondent No. 1 Photocopy of Nikahnama is
attached herewith and marked as annexure “B”.
4. That after Rukhsati the appellant with respondent No.1
live together as husband and wife at the ohouse of
Appelant’s parents at House No. A-929, Block H,
North Nazimabad Karachi, happily.
5. That the appellant treated the respondent No. 1 with
care love and affection with core of his heart and
maintain the respondent No. 1 had liberty to move
and meet with her parents, relatives and friends at
all reasonable time and occasion from time to time.
6. That from the said wedlock one baby Javeria Shoaib
(Respondent No. 2) was born 02-03-1996, and now
she is at the age of nine years and
7. That the petitioner and the respondent No.2 are
husband and wife in violation where as the
respondent No.1 is family Court who passed the
impugned order against the ______ facts which
admittedly on the facts and grounds is patently
illegal, unlawful, void, ultra-vires arbitrary without
affording any opportunity of hearing to the
petitioner.
8. That the respondent No.1 filed a family suit No.
965/2003 before the learned family Judge IInd
Karachi, East on 24-07-2003 for granting the Khula
to the respondent No.2, which is registered & then
after adjourn the case was fixed for hearing to 25-
08-2003.
Contd/3
3
9. That the respondent No.2 did not filed proper postal
address of the petitioner, however on the direction
of the Court to file fresh address the respondent
No.2 filed fresh address of the petition as per diary
sheet dated 04-09-2003.
10. That according to the Diary Sheet the advocate of
the respondent No.2 filed a publication application
on 23-09-2003, which was fixed for 16-11-2003.
11. That the learned respondent No.1, granted time as a
last chance on 04-12-2003.
12. That as the written statement could not be filed on
16-12-2003, therefore the learned respondent No.1
order to file exparte proof to the respondent No.2
on 08-01-2004.
13. That on 16-12-2003 at 14 hours the petitioner ’s
advocate filed the written statement and the learned
trial Court ordered to be putt to 08-01-2004
alongwith exparte order.
Contd/4
4
14. That according to the Diary Sheet dated 16-12-2003,
the written statement was taken on record and was
filed for 08-01-2004 when the exparte proof yet to
be filed on 08-01-2004, through the written
statement was submitted on 16-12-2004 in
compliance to the order of the learned trial Court on
16-12-2004 and the written statement was order by
the learned trial Court to be put off on 08-01-2004
when no exparte proof was available on the file of
the Court yet the trial Court failed to assess and
take notice of the fact that the written statement
was submitted on 16-12-2004, according to the
order of the trail Court and the trial Court herself
order to be place the written statement on 08-01-
2004 and the act of the Court must have taken the
written statement towards the Judicial process but
the Court has failed to exercise the Judicial power
and on the other hand arbitrary decreed the suit
instead of proceeding the case according to the
family Court Act.
15. That on 08-01-2004 the petitioner being aggrieved
and to get the proper and fair relief engaged fresh
Contd/5
5
advocate and through their advocate filed an
application U/s 8 Sub Section 1(b) and Sub Section
6 of the Family Court Act 1964.
16. That the learned Trial Court taken the application
on record and ordered to issue to the process to the
other side on cost and the notices were issued to the
other side according to the Diary Sheet dated 10-02-
2004, 25-02-2004 and 17-03-2004.
17. That the petitioner had been deposited the cost
constantly and the respondent No.2 and her
advocate knowingly, deliberately, with ulterior
motive and intentionally did not choice to appear
before the Court as the respondent No.2 and her
advocate has been appearing in the Court before the
same Court further the petitioner has also moved an
application for consolidation of both the proceeding
in the interest of justice and fair play and in
requirement of law, but the learned presiding officer
did take notice of such legal aspect, which showed
had been taken by the Court, the respondent
Contd/6
6
was appearing in the same Court in family Suit No.
__________ and service was good held upon the
respondent No.2 implied, but the respondent No.2
choice to remain absent to appear for hearing on the
above moved application and the learned trial Court
miserably failed to asses the above situation and
passed a arbitrary order on the above application of
the petitioner which available in the diary sheet of
dated 21-04-2004.
18. That the petitioner ’s advocate again filed another
application for restoration of order dated 21-04-
2004 on the same date bringing the actual facts
before the Court again the hasty and non heard
orders of the learned trial Court.
19. That through the family Suit No. ___________ was
proceeding on hearing in the same Court and the
instant suit was also proceeding for hearing in the
same Court and the plaintiff of suits Nos________
and ______________ was watching the proceedings
out of the Court to defeat the justice of learned trial
Court and it was in the knowledge the learned trial
Contd/7
7
Court that plaintiff is appearing in one cse where as
avoiding to appear in the other case, deliberately,
intentionally even though the learned trial court did
not take notice and again dismiss the application of
the petitioner on 03-07-2004.
20. That the petitioner again filed another application
on 28-07-2004 for restoration of the first
application which was dismissed on 03-07-2004.
21. That the petitioner ’s advocate appeared before the
Court on 01-09-2004 and argument the case at
length in which the petition’s advocate argued that
the learned trial Court was failed to take into
consideration the W/S of the petitioner and
thereafter the learned trial Court has to arrange the
pretrial and then has to frame the issue and after
framing of issues the trial Court of issues the trial
Court has to proceed with the evidence and even
after all the above proceeding, a post trial has to be
proceeded by the learned trial and the most
important think which was brought in
the knowledge of the learned trial court, that other
Contd/8
8
pending case No. ________ was to be fixed with
hearing of this application and family suit but the
learned trial Court failed take notice of the above
facts and law and pray much pleased to pass an
arbitrary order without hearing of the first two
application those should have been disposed after
hearing of the petitioner hence has left unheard on
the above two application and further the lastly
application is heard lastly without applying judicial
mind which was also dismissed, hence this petition
on the following grounds:
GROUNDS
1. That the petitioner is left unheard.
2. That the petitioner cannot be penalized by the act of
the Court.
3. That the improper order is arbitration without
applying the Judicial Mind.
4. That the impugned order requires that a pretrial and
post trial chance was to be given to the petition
which is admittedly not given to the petitioner.
Contd/9
9
5. That whole proceeding is against the procedure, law
and rules and the learned trial Court has failed to
adopt the require procedure law while deciding the
decree.
6. That in any case, the impugned order / judgment are
bad in law and on facts being erroneous are liable to
be set aside in the interest of justice.
PRAYER
In the light of above facts and circumstances, it
is respectfully prayed on behalf of the petitioner
abovenamed that this Hon’ble Court may
graciously be pleased to set aside the impugned
order passed by the learned trial Court, in the
interest of justice:
Karachi:
Dated: -12-2004 PETITIONER
ADVOCATE FOR THE
PETITIONER
Contd/10
10
V E R I FI CAT I O N
I, Muhammad Hanif S/o Haji Haroon, Muslim, Adult,
petitioner in the above titled petitioner, R/o Karachi
do hereby and state on this ___ day of January 2005,
at Karachi on Oath and verify the contents of the
above paras, say the same are true to the best of my
knowledge and belief.
Karachi:
Dated: -01-2005 DEPONENT
Identified by me.
AD V O CAT E
Sworn before me on Oath at Karachi by the deponent
abovenamed who is identified by me Mr. Merajuddin Ensare,
Advocate who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2006
Moin Ahmed ----------------------------------------------PETITIONER
VERSUS
Union Council No. 8,
Saddar Town, Karachi-----------------------------------RESPONDENT
AFFIDAVIT
I, Moin Ahmed S/o Syed Mehboob Shah, Muslim, Adult,
resident of Karachi, do hereby state on oath affirmation as
under:-
1. That I am petitioner as well as deponent of this
affidavit, as such am fully conversant with the facts.
2. That the accompanying Constitutional Petition is
drafted under my specific instructions, contents
whereof are true and correct to the best of my
knowledge and may be treated as part and parcel of
this affidavit for the sake of brevity.
3. That neither I have made any false statement nor has
concealed any fact from this Hon’ble Court.
Contd/2
2
4. That whatsoever has been stated above is true and correct to the
best of my knowledge and belief.
Karachi
Dated: -07-2006 Deponent
Identified by me
Advocate
Solemnly affirmed before me at Karachi on this ____ day of
July, 2006 by the deponent abovenamed, who is identified to me by
Mr. Saathi M. Ishaque Advocate, who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVIT
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2004
Muhammad Hanif ---------------------------------------PETITIONER
VERSUS
IInd Civil & Family Judge,
Karachi, East & another -------------------------------RESPONDENT
LIST OF LEGAL HEIRS OF PETITIONER
1.
2.
3.
4.
In case the death of the petitioner, the legal heir mentioned in
Sr.No.1, shall appear in this Hon’ble Court.
Karachi
Dated : / 01/2005 ADVOCATE FOR THE PETITIONER
For immediate use in Court
On behalf of the Petitioner.
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2006
Moin Ahmed ----------------------------------------------PETITIONER
VERSUS
Union Council No. 8,
Saddar Town, Karachi-----------------------------------RESPONDENT
APPLICATION FOR EXEMPTION
For the facts and reasons disclosed in the accompanying
affidavit, it is most respectfully prayed on behalf of the
Petitioner abovenamed that this Hon’ble Court may
graciously be pleased to exempt the petitioner for filing
original / Certified Copies of the Annexures ___ to ___
with the memo of petition, as few of the same are not
available at the moment and the same will be produced
before this Hon’ble Court.
The prayer is made in the interest of justice.
Karachi:
Dated: -07-2005 Advocate for the Petitioner
For immediate use in Court
On behalf of the Petitioner.
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2006
Moin Ahmed ----------------------------------------------PETITIONER
VERSUS
Union Council No. 8,
Saddar Town, Karachi-----------------------------------RESPONDENT
AFFIDAVIT
I, Moin Ahmed S/o Syed Mehboob Shah, Muslim, Adult,
resident of Karachi, do hereby state on oath affirmation as
under:-
1. That I am petitioner in the above titled suit and
deponent of this affidavit, as such am fully conversant
with the facts of the matter deposed to below.
2. That the accompanying application for exemption
from filing original / certified copies of the annexures
with the memo of plaint has been drafted and filed under
my instructions & on my behalf and the 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.
Contd/2
2
3. That I say that originals/certified copies of few
annexures of memo of plaint in my above titled suit are
not available with me and I will produce
originals/certified copies of the annexures ___ to ___
before this Hon’ble Court.
4. That I say that until and unless my accompanying
application is granted as prayed, I will be seriously
prejudiced and shall suffer irreparable loss.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.
Karachi:
Dated: -07-2006 DEPONENT
Identified by me.
ADVOCATE
Sworn before me on Oath at Karachi by the deponent abovenamed
who is identified to me by MR. SAATHI M. ISHAQUE Advocate,
who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2006
Moin Ahmed ----------------------------------------------PETITIONER
VERSUS
Union Council No. 8,
Saddar Town, Karachi-----------------------------------RESPONDENT
APPLICATION U/O 9, CHAPTER 3-A, VOLUME –5,
HIGH COURT RULES AND ORDER.
For the reasons disclosed in the accompanying affidavit, It is
respectfully submitted on behalf of the petitioner abovenamed that
this Hon’ble Court may be pleased to take up the above petition as an
urgent motion and place the same in the Court or in the chamber on
or before _____________ in view of the urgency of the matter.
The prayer is made in the larger interest of justice.
Karachi:
Dated: -07-2006 Advocate for the Petitioner
For immediate use in Court
on behalf of the petitioner.
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2006
Moin Ahmed ----------------------------------------------PETITIONER
VERSUS
Union Council No. 8,
Saddar Town, Karachi-----------------------------------RESPONDENT
AFFIDAVIT
I, Moin Ahmed S/o Syed Mehboob Shah, Muslim,
Adult, resident of Karachi, do hereby state on oath
affirmation as under:-
1. That I am petitioner in the above titled suit and
deponent of this affidavit, as such am fully conversant
with the facts of the matter deposed to below.
2. That the accompanying Urgent application has drafted and
filed under my specific instructions, the contents whereof are
true and correct to the best of my knowledge and may be
treated as part and parcel of this affidavit.
3. That I say that unless the accompanying application is granted the
petitioner / accused shall be seriously suffer and irreparable
losses.
Contd/2
2
4. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi:
Dated: -07-2006 DEPONENT
Identified by me.
ADVOCATE
Sworn before me on Oath at Karachi by the deponent abovenamed
who is identified to me by MR. SAATHI M. ISHAQUE Advocate,
who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2004
Muhammad Hanif ---------------------------------------PETITIONER
VERSUS
IInd Civil & Family Judge,
Karachi, East & another -------------------------------RESPONDENT
INDEX
S.NO. PARTICULARS ANNEXURES PAGE
1. Memo of Petition.
Alongwith Affidavit
2. Copy of Application
Sent to the SHO
P.S. S.I.T.E., Karachi ‘A’
3. Copy of Misc. Appl.
U/s 22-A. ‘B’.
4. Certified Cop of
Call Report. ‘C’
5. Certified Copy of Order
Dated 05-11-2004 ‘D’
6. Copy of Affidavit
of Witnesses ‘E & F’
7. Urgent Application
Alongwith affidavit.
8. Exemption Application
Alongwith affidavit.
9. Vakalatnama.
Karachi:
Dated: -12-2004 Advocate for the Petitioner.
IN THE HIGH COURT OF SINDH AT KARACHI
C.P. No. / 2004
Muhammad Hanif ---------------------------------------PETITIONER
VERSUS
IInd Civil & Family Judge,
Karachi, East & another -------------------------------RESPONDENT
