APPLICATION U/S 491 CR.P.C.

IN THE COURT OF DISTRICT & SESSION JUDGE KARACHI EAST

Cr. Misc. Application No.            / 2018

xyz

Muslim, Adult, Resident of

xyz

Karachi……………………………………APPLICANT

VERSUS

1.           xyz

Son of Hussain Ali

Muslim, Adult, Resident of

xyz

2.           Station House Officer

Police Station Soldier Bazar,

Karachi…………………………RESPONDENTS

Faiq Abbas

Son of Ali Asghar

Aged about 4 ½  years,

Presently confined at the

residence of Respondent No.1………………DETENUE

APPLICATION U/S 491   CR.P.C.

        It is respectfully prayed on behalf of the Applicant above-named that this Honourable Court may please be direct to the Respondent No.2 to recover the detenue from the house of Respondent

Continued.

Page No. 2

No.1 and to produce the detenue before this Honourable Court on the consideration of following facts and grounds:-

FACTS  &  GROUNDS

1.           That applicant solemnized Nikah with the respondent No.1 on dated 22.11.2003, according to Muslims Family Law, and from the said wedlock two issues namely Muhammad Kazim and Faiq Abbas was born.

2.           That after some time dispute arisen between applicant and respondent No.1 due to this applicant started reside with her parents at above mentioned address along with both minors.

3.           That after that it was settled between applicant and respondent No.1 being real mother both minor will reside with the applicant and respondent No.1 can met with the both minors including detnue in month, therefore respondent No.1 used to taken out to the both minors to his house and met with his parents.

Continued.

Page No.3

4.           That some time ago applicant being a teacher admit to the detune in School namely Ghulman Abbas for the better education, but respondent No.1 raised objection about education.

5.           That it is pertinent to mention here that the Respondent No.1 and his family members continuously putting pressure upon the applicant expel to the detenue from the school.

 

6.           That on 15.02.2013 respondent No.1 taken out the detenue but he did not handed over the custody of the minor namely Faiq Abbas to the applicant.

7.           That after that parents of the applicant approached to the respondent No.1 to solve the dispute but, respondent No.1 and his family members flatly refused to handed over the custody of the minor,.

8.           That since 15.02.2013 the Respondent No.1 and his family members forcibly detained the detenue in their custody at their house, which is improper detention of the detenue.

Continued.

Page No.4

9.           That further grounds shall be respectfully submitted at the time of hearing of this application with the permission of this Honourable Court.

PRAYER

        It is respectfully prayed on behalf of the applicant abovenamed that this Honourable Court may graciously be pleased to direct the Respondent No.2 to recover the detenue from the wrongful confinement of the Respondent No.1 and to produce the detenue before this Honourable Court and also take strict legal actions against the Respondent No.1 and his family members, who has illegally put the detenue in his wrongful confinement.

        Prayer is made in the larger interest of justice:

                                        `       APPLICANT

Karachi:

Dated:     -02-2018        

ADVOCATE FOR THE APPLICANT

Continued.

For Immediate Use in Court

          On behalf of the Applicant

IN THE COURT OF DISTRICT & SESSION JUDGE KARACHI EAST

Cr. Misc. Application No.            / 2018

xyz…………………APPLICANT

VERSUS

xyzr ……………………………RESPONDENTS

Faiq Abbas                       …………………DETENUE

AFFIDAVIT

        I, Mst. Sakeena Ali Asghar Wife of Ali Asghar Muslim, Adult, Resident of xyz do hereby state on Oath as under:-

1.                   That I am applicant in this matter, as well as deponent of this affidavit and as such I am fully conversant with the facts of the case stated herein.

2.                   That the memo of petition U/s 491 Cr.P.C. for issue of writ of Habeas Corps against respondent No.1, has been drafted and filed under my instructions and the contents whereof are true and correct and may be treated part and parcel to this affidavit.

Continued.

Page No. 2

3.                   That unless the accompanying application is granted, I as well as detenue shall be seriously prejudiced and suffers with irreparable losses.

4.                   That whatever has been stated above is true and correct to the best of my knowledge and belief

Karachi

Dated:      -02-2018                          DEPONENT

The deponent is identified by me.

                                                        ADVOCATE

Sworn on oath before me by the deponent at Karachi this _____ day of February 2012 by the deponent above named who are identified to me by MR. xyz, ADVOCATE, who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS.

Page No.5

VERIFICATION

       I, Mst. Xyz r/0xyz, Karachi, the plaintiff in the above matter do hereby solemnly affirmed and verify on Oath that the contents of all the above paras including prayer clauses are true and correct to the best of my knowledge and belief.

Karachi:

Dated:     -02-2018                      DEPONENT

                    

       The deponent is identified by me.

                                                ADVOCATE

Sworn before me on Oath at Karachi on this ____ day of February 2012, by the deponent abovenamed who is identified to me by Mr.xyz….ADVOCATE, who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENT FILED                    As per annexures.

DOCUMENTS RELIED UPON      Original of the

Annexures, and all  other relevant documents.

ADDRESS OF THE PARTIES               As in Title.

ADDRESS FOR SERVICE OF

PLAINTIFF’S COUNSEL.           As in Vakalatnama.