491-Cr.P.C

 IN THE COURT OF SESSION JUDGE SOUTH KARACHI.

 

 

H.C.P. No.               /2020.

 

 

Mst. Rubina Iqra D/o Muhammad Siddiq Shah  

Muslim Adult, House No.153,

Street No.1 Bazata Line,

Karachi.                         ………………………………PETITIONER

 

VERSUS

 

1.              Hamid Mushtaq S/o Mushtaq Ali

Muslim, Adult, Mehmood Abad No.6

Street No.2 Karachi. 

2-      S.H.O.

P.S. Teepu Sultan

Karachi                ……………..…………..…RESPONDENTS

 

 

i)                   Alisha D/o. Hamid Mushtaq

ii)                Alishaba D/o Hamid Mushtaq  ……………..……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 detenues 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 No.1 aged about 2 years and the minor/detenue No.2 aged about 1year of tender age/ milk suckling baby.

2-    That the Petitioner above named was married with the Respondent No. 1 at Karachi, on 26/05/2016 in accordance with the provisions of Family Law Ordinance 1961 against the dower Amount of five Thousand Rupees which is still unpaid.

(Photo Copy of Nikkah Nama is attached herewith and marked as annexure A).

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 two issue namely Alisha & Alishaba was born.  It is pertinent to mention that all the  delivery expenses were borne by the  parents of the Petitioner. The Defendant did not bother to pay a single penny towards the expenses. It is submitted that the detenue No.2 was about aged of 5 months, respondent No.1 took away to Multan but best efforts of parents of the Petitioner return to back Karachi and petitioner many times tried to bring the things to normal condition and kept on tolerating each and every misbehaviour of the Respondent No.1 with the hope that one day he will  mend himself, but the Respondent No.1  became adamant day by day.

(Photograph of minors are enclosed herewith  and marked as annexure P/2 to P/ 3)

5-    That on 24/7/2020, Respondent No.1 beat the petitioner and kicked out the house and snatched the minors from the petitioner, who is presently in custody of the Respondent No. 1, it is submitted that, it is come to the knowledge that Respondent No.1 both the detenue move from Karachi to Multan.

6-    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.

7-    That during all the period wherein the petitioner lived with the respondent No.1 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.

8-    That the matrimonial relationship of petitioner and respondent become more strained and difficult when the respondent No.1 started to keep on trying to defame the petitioner.

9-    That the detenues are minor girls tender about aged 2 & 1 year and they needs her mother/petitioner because the minors are very Small the mother /petitioner can only look him after properly rather than the respondent No.1 father because he remains busy in his work.

10-  That the Petitioner is real mother of the detenues, aged about 2 & 1year, and is liable to file this Application before this Hon’ble Court.

11-  That the detenues are minor and need love and care of his mother and the respondent No.1 malafidely and due to ulterior motives kept the custody of minors detenues and even not allowing the Petitioner to see face of the minor and due to reason the detenue are under acute tension and last their peace of mind being away from her mother and per credible information received by the Petitioner, respondent No.1 going to moved from Karachi to Multan.

12-  That 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 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. While the dentnue No.2 is milk suckling baby.

14-  That due to cruel and inhuman attitude of the respondent No.1 towards the minors/detenues, 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.

15-  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 minors/girls to her mother/petitioner.

 

 

Prayer Is Made In The Larger Interest Of Justice.

 

 

 

 

Karachi.

Dated: 29/07/2020.                                         ____________

 

PETITIONER

                            

 

The Petitioner identified by me

 

 

 

ADVOCATE FOR THE PETITIONER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE COURT OF SESSION JUDGE SOUTH KARACHI.

 

 

H.C.P. No.               /2020.

 

 

Mst. Rubina Iqra  ….………………………………PETITIONER

 

VERSUS

 

1.Hamid Mushtaq S/o Mushtaq Ali

2-  S.H.O.

P.S. Tapo Sultan

Karachi                ……………..…………..…RESPONDENTS

 

iii)              Alisha D/o. Hamid Mushtaq

iv)              Alishaba D/o Hamid Mushtaq  ……………..……DETENUE

 

 

AFFIDAVIT

 

I, Mst. Rubina Iqra D/o. Muhammad Siddiq Shah, Muslim, adult, resident House No 153, 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 Certificates of Detenues/minors are 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:29/07/2020.                                                               ____________

DEPONENT