DOMESTIC VIOLENCE

 IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

Mrs.

Karachi.

 ….PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr. 

Karachi.

…. RESPONDENTS 

2. Station House Officer

Police Station, Soldier 

Bazar, Karachi

                                                                                                                        …. STATE 

PETITION UNDER SECTION 7, READ WITH SECTION 5, 8, 9 AND OF THE DOMESTIC VIOLENCE (PREVENTION AND PROTECTION) ACT, 2013

That for the convenience of this Court, a Copy of the Domestic Violence (Prevention and Protection) Act, 2013 hereinafter referred to as the (“Domestic Violence Act”) is attached herewith. 

(A copy of the Domestic Violence Act, 2013 is annexed herewith as Annexure “A”) 

That the Petitioner is a household, peaceful, and law-abiding citizen of Pakistan, an aggrieved person under Section 2(1)(a) of the Domestic Violence Act, and a victim of domestic violence as defined in Section 5 of the said Act. The Petitioner was living in a ‘domestic relationship’ as defined in Section 2(1)(e) of the said Act, with the Respondent. 

That the Petitioner married the Respondent on 03.11.2019, in Saint Joseph’s Convent Chapel Church and the record of marriage is accessible in Saint Lawrence Church, after that the Petitioner started to live with the Respondent in their matrimonial home, at the address given in the title of this Petition, being ‘household’ in terms of Section 2(1)(h) of the said Act. 

That the Petitioner has two daughters from this wedlock first one born on 10.11.2019 and the second on 25.12.2022 aged about 1 year and 2 years.

That thereafter petitioner has been from time to time subjected to domestic violence by the Respondent just because of having girls. 

That on 06.02.2024 up to 9.02.2024, the Respondent under rage and hostility for no apparent reason, physically assaulted, the Respondent, threatened to murder her, her daughters, and the family members of the petitioner's family. The Respondent injured the Petitioner and her phone is in the custody of the Respondent. For about 4 days the Petitioner was made hostage by the Respondent who also snatched her cell phone and refused her to meet or speak to anyone or leave the house.  It is submitted that the cell phone is still in Davin’s custody.

That being really traumatized and physically abused, the respondent's brother  09.02.2024 informed the family of the petitioner's parents about the physical assault, thereafter Petitioner’s brother visited Davin’s house the same night to meet the Petitioner and inquire as to the wellbeing of the Petitioner and the minors, but the Respondent refused to let him allow to meet the petitioner instead the respondent  threatened to take  further actions if anyone tried to interfere with his matters with the Petitioner

That on 09.02.2024, petitioner’s brother along with police from P.S Soldier Bazar, went to Davin’s residence and rescued the petitioner along with her children, thereafter he registered a complaint to P.S Soldier Bazar. The details of the physical assault were reported at P.S. Solder Bazar, on the same day the petitioner was also examined by the medical officer thereby confirming the physical assault.

(Copy of the Complaint to SHO, MLO letter, Medical Certificate, and Pictures of injuries are attached herewith as Annexure “B to E”).

That seeing that there is no recourse of reconciliation and that the Respondent is not a person conducive enough to continue matrimonial relations in harmony and coupled with the fact that the Respondent is an abusive person who has physically assaulted the Petitioner being a helpless woman, the instant complaint is being preferred. The concerned PS has also failed to take any cognizance into this matter and a repeated complaint has also been moved to the by-complainant dated 12.03.2024 

(A copy of the second Complaint by the Petitioner to SHO along with TCS receipt is attached herewith as Annexure “F & G“).

Therefore having no effective remedy and upon due consultation with the well-wishers who were duly apprised by the Petitioner that she will be filing the instant case and no reconciliation efforts can remedy the physical and mental injuries done to the same, the instant complaint is being filed  

LEGAL GROUNDS:

That Section 7 empowers this Court to entertain complaints filed under Section 7 of the Domestic Violence Act, as the ‘Court’ defined in the said act under section 2(1) (d) is a court of Judicial Magistrate of the first class. 

That this Court is empowered to grant protection orders to the aggrieved person under section 11 of the said Act and restrain the Respondent from committing any act of domestic violence; moreover, section 11(2)(c) empowers this Court to direct the Respondent to secure alternative accommodation for the Petitioner or if the circumstances so required to pay the rent for the same, as the Petitioner does not feel safe living with the Respondent in his house anymore. 

That Section 11(3) provides that the court may require from the Respondent to execute a bond, with or without sureties, for preventing the commission of domestic violence. 

That this court is empowered to grant interim orders, at any stage of the proceedings, even before issuing notices to the Respondent under section 10(1) of the said Act. 

That this Court is also empowered to grant monetary relief under Section 12 of the said Act to the Petitioner for maintenance of herself and loss of earnings, and medical expense. 

PRAYER:

In the light of above, this Hon’ble Court may be pleased to grant the following prayers to the Petitioner:

Grant interim protection order against the Respondent; thereby restraining him from committing any act of violence. 

Grant interim protection order against the Respondent; thereby directing him to secure alternative accommodation for the Petitioner or pay rent.

Direct the Respondent to execute a bond to prevent the commission of domestic abuse.

 Punish the Respondent for committing the offenses mentioned in Section 5 of the Domestic Violence Act. 

Grant monetary compensation to the Petitioner under Section 12 of the Domestic Violence Act to the tune of Rs. 50,00,000/- (Five Million) as damages for injuries suffered both physically and mentally from the Respondent. 

Direct the Respondent to pay maintenance to the Petitioner under Section 12 (1) (e) of the Domestic Violence Act as settled by this Hon’ble Court and for that manner if permitted by this Court a separate application will be preferred. 

Custody of the children remains with the petitioner under section 13 Subsection (a) 

Karachi 

Dated ___________ ADVOCATE FOR THE PETITION

VERIFICATION

I, Mrs......... Wife of Mr......, adult, Christen, R/O Flat No. , Karachi, do hereby verify on oath that whatever is stated in the foregoing paragraphs of this application is true and correct to the best of my knowledge,  belief and information. 

Documents filed;

Documents relief upon;                     Above & other relevant documents. 

  As in the title:

Address of the Petitioner

Address of the Advocate of the          

Defendants

.

Drafted by me.

ADVOCATE GHULAM ABBAS GOYAL 

IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr.......

…. RESPONDENTS 

2. Station House Officer

                                                                                                                                     …. STATE 

  LIST OF WITNESSES

1.

2.

3.

                                   

Karachi

Dated PLAINTIFF

                                  ADVOCATE FOR THE PLAINTIFF

IN THE COURT OF XXVIII C.J & JUDICIAL MAGISTRATE AT KARACHI (EAST)

DOMESTIC VIOLENCE COMPLAINT NO. ________ OF 2024

                                       PETITIONER/AGGRIEVED PERSON

 

VERSUS

1. Mr... 

…. RESPONDENTS 

2. Station House Officer

                                                                                                                                     …. STATE  

                     AFFIDAVIT

I, Mrs....... Wife of Mr......, adult, Christen, R/O Flat No. ......, Karachi,

That I am the petitioner in the above case hence am fully conversant with the facts of the case.

That I say that this complaint application is filed under my instruction

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

Karachi

Dated     DEPONENT

How To Change date Of Birth in NADRA CNIC

 

NADRA

How To Change date Of Birth in NADRA CNIC

change date of birth

While issuing NADRA CNIC, if they have entered wrong date of birth. Then you definitely need to change date of birth in CNIC. It’s your fundamental right. Because if you didn’t change date of birth in NADRA CNIC, it will cause many problems. Like while getting job in foreign, future study etc.

But most people don’t know about how to correct date of birth or change date of birth in CNIC/ Birth certificate.

That’s why we have decided to write a post on it. Here we will explain the procedure of how to change date of birth. The format of suit for correction of date of birth is also given here.

This post also covers matters relating to NADRA name change procedure. Because procedure which is followed in these circumstances is same.

Note: If your date of Birth on CNIC or on any educational degrees is wrong then contact us or leave a comment for help.

Problem

Most of the time when you apply for NADRA CNIC, they inadvertently mention wrong date of birth. For Example, if someone born in 22th of August 1995 but NADRA entered 22th August 1998. That where problem arises. Another scenario is where you father’s name is wrongly entered.

Anyhow each time when this problem arises you have to approach civil court and get declaration decree.

But which documents are required to change date of birth in CNIC. These are mentioned below

Documents Required To Change Date of Birth Or To Change Father Name In CNIC

While filing suit to correct date of birth in NADRA CNIC you must have following documents in your possession.

Birth Certificate of NADRA

Matriculation Degree

CNIC

Father’s CNIC (in case father name change needed)

Union council birth registration certificate (if require you must have it as well)

Time Limitation To File Suit To Change Date of Birth

NADRA name change procedure falls under category of declaratory suits. For these type of suit section 42 of specific relief act 1877. The limitation of Section 42 is 6 years under article 120 of limitation act 1908.

2015 MLD 1481 also held that to change date of birth, the plaintiff has 6 years to commence legal proceeding in court.

Wrong Procedure of NADRA While Changing Date of Birth

When someone reaches NADRA office to change date of birth. They usually told them that bring an affidavit (notarized attested). In that affidavit that person swore that his original date of birth in birth certificate is wrongly entered.

But rest assure that’s a wrong procedure to change date of Birth in ID card. Even if you submit affidavit they will refuse to correct date of birth and will tell you to get court declaration decree.

That’s why don’t waste your time and file a suit to correct date of birth in CNIC NADRA.

But what’s the right procedure.

Right Procedure To Change Date of Birth in NADRA ID Card

The right procedure is that you need to file a plaint in civil court. This plaint contains all the fact that you were born on that date. The date in union council birth certificate is that. The date of birth in NADRA b.form is that. The date of birth in matriculation degree is that.

You have to attach above document in order to strengthen your claim.

The procedure is still same, if you want to change father’s name in NADRA CNIC.

When you will submit your case in court, they will issue summons to NADRA authority to appear on next date and submit their written statement.

On next date when counsel from NADRA appears before court and submit reply. The court will again give you next date on which NADRA counsel will examine and cross examined the plaintiff.

At the time of cross examination you must have all your documents with you.

When cross examined is over the court will pronounce its judgment. The court will also give direction to the NADRA authority to change date of birth of plaintiff.

That how you get you remedy in short time. This whole procedure takes up to 3 or 4 months.

Case Law on Correction of Date of Birth

Here it’s important to mention at least two case laws. These cases are very important and serve as a guideline for NADRA.

[2016 Y L R 323] Correction of date of birth in CNIC by NADRA

Scope-Contention of plaintiff was that he was born on 22nd May, 1993 but his date of birth had been recorded as 22nd May, 1990.

Suit was dismissed concurrently.

Validity plaintiff produced documents bearing his date of birth as 22-05-1993 which could not be refuted by the authorities. No reason existed to believe that the date of birth mentioned in the documents produced by the plaintiff, was managed one.

Plaintiff was neither claiming any right in service nor having any other interest in seeking correction of date of birth in his CNIC.

Correction of date of birth of the plaintiff would not adversely affect any right of any other person. No provision existed to prohibit NADRA from rectifying any mistake in the CNIC.

Every citizen was required to be registered with the NADRA. Issuance of CNIC would mean that information contained therein was valid and correct. Therefore, by not correcting an error on the CNIC, NADRA in fact was not performing its primary function.

NADRA was bound to maintain a correct database and to print the correct information on the CNIC. Impugned judgments and decrees passed by the courts below were set aside and NADRA was directed to rectify the mistake as to change date of birth of plaintiff appearing on his CNIC from 22-05-1990 to 22-05-1993.

Revision was accepted, in circumstances.

Another important judgement of Lahore High Court is on the point that NADRA can change date of birth in CNIC even without court order.

[2012 PLD 378] For correction of Name in NADRA Records/CNIC without getting COURT ORDER

Ss. 9 & 5(3)—National Database and Registration Authority (NIC) Rules 2002, R.13—Constitution of Pakistan, Art. 199—Constitutional petition—correction on National Identity Card issued by NADRA—

Petitioner had sought correction on his national identity card on the ground that the name of his father had been in correctly entered. NADRA (respondent) refused to make the necessary correction on the ground that for a change in the father’s name; a court order was necessary.

NADRA, to support such contention, relied on its Registration Policy and Standard Operating Procedures (SOPs).

Validity-Error was clearly a typographic mistake. National database was required to be maintained by NADRA, and every citizen was required to be registered and to effectuate such registration. Every citizen was issued a national identity card.

National Identity Card (CNIC) was a legal document for the identification of a citizen, and its issuance meant that the in formation contained therein was valid and correct.

NADRA, by not correcting an error in its database or on the CNIC , was, in fact, going against the spirit of the Ordinance, and was not performing its primary function and was perpetuating a wrong in its own database, thereby negating the purpose of the national identity card.

NADRA, was bound to maintain a correct database and was bound to print correct in formation on the CNIC and was obligated to correct any error in its database or the CNIC it issued to a citizen.

Standard Operating Procedures (SOPs) and Registration Policy were internal instructions to enable NADRA to achieve optimum level of efficiency and to ensure consistency and infirmity in its procedure and process.

Standard Operating Procedures (SOPs) did not have the force of law and were not binding on the NADRA. Standard Operating Procedures were internal documents, at best, and could not form the basis of denying the petitioner the right to have the correct in formation maintained in the citizen database and printed on the CNIC.

Standard Operating Procedures could not form the basis for NADRA to refuse to change date of birth an error in its record because if the error was not corrected, it would negate the very purpose of issuing a CNIC to a citizen.

Delay in filing an application for correction of an office mistake could not hamper or prevent the process of actually correcting the NADRA database, or the CNIC.

High Court directed NADRA to treat the pending request of the petitioner as a correction of an office mistake and to correct father’s name in CNIC database and issue him a new CNIC.

Constitutional petition was allowed, accordingly.

Format of Suit to Change Date of Birth in ID Cards

The sample of suit to correct date of birth is provided here. You can use this draft of suit to change date of birth while making necessary changes. If you are aggrieved and want to change NADRA CNIC name then contact us for legal help.

CHANGE DATE OF BIRTH IN NADRA CNIC

 

IN THE COURT OF SENIOR CIVIL KARACHI CENTRAL

 

                                                CIVIL SUIT NO:         /20

A                                                                                                         …Plaintiff

 

Versus

 

NADRA,  through its Manager/ Incharge                                             …Defendant

 

SUIT FOR DECLARATION TO CHANGE DATE OF BIRTH IN NADRA CNIC

Respectfully Sheweth,

 

1.      That the plaintiff was born on 08-08-1982 and later on the plaintiff passed his Primary Examination from Shaheen Public Shool  in the year of 2005.

 

2.      That the plaintiff applied for the National Identity Card from NADRA office but inadvertently the date of birth of the plaintiff was mentioned as 16-10-1987 instead of 08-08-1982.

 

3.      That the plaintiff contacted the defendant for the necessary correction in his NIC Card. The defendant earlier asked for submission of duly attested Affidavit from the plaintiff, which was provided accordingly but the defendant refused to take the application of plaintiff on the plea that the plaintiff first should obtain the declaration from the competent court of law.

 

4.      That despite all efforts the defendant is not ready to correct the date of birth of the plaintiff on his ID Card, hence this case.

 

5.      That cause of action finally accrued a few days ago when the defendant refused to entertain the application of the plaintiff which is still continuing.

 

 

6.      That the office of the defendant  is within the territorial limits P/S……… this Honourable Court got the jurisdiction to entertain the matter in hand.

 

7.      That the value of the suit for the purpose of jurisdiction is fixed as Rupees 2000/-, which is exempted from court fee.

 

PRAYER

 

In view of above, it is therefore, most humbly prayed that the suit of the plaintiff may kindly be decreed in favour of the plaintiff

 

a.       Direct the  defendant  to change Date of Birth of the plaintiff as 08-08-1982 instead of 16-10-1987 and after the necessary changing the new I.D Card of the plaintiff may kindly be issued, in the interest of justice.

 

b    Any other relief, which this Honourable Court deems fit and proper may also be granted to the plaintiff.

 

 

PLAINTIFF

Karachi:

Dated:              /20                                                                   ADVOCATE FOR PLAINTIFF

22-A&B CrPC

 

IN THE COURT OF DISTRICT SESSIONS JUDGE KARACHI EAST

PETITION  NO:         /2023

ABC

Karachi                                                          -----------                    Complainant

 

V E R S U S

1.      SSP Karachi East

2.      Station House Officer,

Police Station Gulistan-e-johar Karachi.

 

3.      ABC

Karachi                                              -------------                 Purpose Accused

 

APPLICATION UNDER SECTION 22-A&B

That succinctly stated the facts giving rise to the filing of instant complaint are that the complainant is living with two daughters .....................

1.      That immediately after the occurrence, the complainants approached the concerned Police Station Gulistan-e-Johar, however, no action was taken against the accused persons; on the contrary police officials misbehaved with the complainant and refused take application in this regard the complaint sent the application through TCS same is refused to received.

(Copy of application, receipt and conformation report annexed herewith P/1 to P/3)

 

2.    That admittedly a cognizable offence is made out from the contents of application moved by the petitioner but the respondent No.1, is not performing his duty enjoined upon them under the law and constitution.

3.    That the word “shall” has been employed in section 154 of the Cr.P.C., which is mandatory in its operation and made it obligatory on the local police to register the case, if any cognizable offences has been made out and respondent No.1 have legally bound to given protection to complainant, which right given in constructional Pakistan to every of citizen of, No person shall be deprived of life or liberty save in accordance with law. therefore respondents did not act in accordance with the law, being public functionary. Reliance is placed on 2002 PCrLJ 2007.

4.    That registration of a case in the cognizable offense under the provision of section 154 Cr.PC, is the statutory duty of officer/ in-charge of police to enter any complaint either written or verbal in the shape of FIR, but in the present case, the respondent miserably failed to discharge his duty in accordance with the law. Reliance is humbly placed in 2005 PCr.LJ 906.

5.    That registration of case is an independent right of any person and such person can report the matter to in charge of the concerned police station who is bound under section 154 Cr.PC to record the version of the petitioner and conduct the investigation in accordance with the law, but in the instant case nothing has been done on the part of respondents, therefore he committed illegality. Reliance is placed on PLD 2002 Lah 78.

6.    That supreme court has time and again held that the police are duty-bound to register a criminal case on receiving an application about a cognizable offense. The law laid down in supreme court 2007 PLD 539 about the registration of the FIR is very much clear on the subject the respondent has not acted in accordance with law

7.      That come what may the action of the police officials of not registering the case is an offence being patently illegal and  are liable to action.

8.    That from the contents of application a cognizable offence is made out, but the respondents No.1 is not performing his duties enjoined upon him under the law. 

PRAYER:-

         It is, therefore, respectfully prayed that a direction may be issued to the respondents to given protection and register a case against the accused persons, to arrest them and to proceed against them according to law, in the interest of justice.

 Any other relief which this Honorable court may deem fit and proper be also awarded to the petitioner.

 

Karachi:

Dated:            /08/2023                                                        COMPLAINANTS   

 

ADVOCATE HIGH COURT

It is certified that upon instructions of my client it is the 1st complaint u/s 22-A &B filed before this Honourable Court in the instant matter.

 

Advocate Ghulam Abbas Goyal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF DISTRICT SESSIONS JUDGE KARACHI EAST

 

PETITION  NO:         /2023

ABC                                                          -----------                    Complainant

 

V E R S U S

SSP & Others.                                               -------------                 Purpose Accused

 

Affidavit

I .................................................................................Karachi do hereby stated on oath as under:

1.      I  am the deponent herein in the above mention case as such I am acquainted with the facts of this case.

 

2.      That the companying petition under section 22 A&B with affidavit draft under my instruction.

 

3.      That unless I am granted petition, I shall suffer irreparable loss and injury.

 

4.      That whatever stated above is true and correct to the best of my knowledge and belief in the eyes of public.

 

Karachi:

Dated:         /08/2023                                            Deponent