Ejaz Ahmad

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2000 Ejaz Ahmad S/o Jumma Shah, caste Syed, R/o Usmanabad, Near Railway Station, Muzaffarabad, Multan. Petitioner VERSUS Mst. Mussarat Bibi D/o Muhammad Saeed (wife of Ejaz Ahmad), caste Syed, R/o H. No. 40, Street No. 2, Chah Thallay Wala, Old Shujabad Road, Multan. Respondent

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, against the judgment & decree dated 12.10.2000 passed by Mr. Muhammad Akram Rana the learned Family Judge, Multan, by which the suit “Restitution of Conjugal Rights” was dismissed when suits “Dissolution of Marriage” was decreed.

Respectfully Sheweth: 1. That the names and addresses of the parties have correctly been given for the purpose of their summons and citations. 2. That the petitioner filed a suit for “Restitution of Conjugal Rights” against the respondent, and respondent filed five suits namely (i) “Recovery of Maintenance Allowance” for herself (ii)

“Recovery of Maintenance Allowance” for children (iii) “Recovery of Haq-ul-Mehr” (iv) Recovery of Dowry Articles” & (v) “Dissolution of Marriage” against the petitioner. 3. That all the six suits were consolidated and disposed of by single judgment. The “Suit for Restitution of Conjugal Rights”, “Suit for Haq-ul-Mahr”, “Suit for Maintenance Allowance” of respondent were dismissed and “Suit of Dissolution of Marriage” was decreed. Copy of plaint, written statement, issues, judgment and decree are Annexes “A, B, C, D & E”. 4. That the impugned judgment is liable to be set aside inter alia on the following: GROUNDS i)

That the impugned judgment is against the principles of natural justice and law of equity.

ii)

That the impugned judgment is against the law and facts of the case.

iii)

That the impugned judgment is result of non-reading and mis-reading of evidence.

iv)

That the learned trial court failed to take the notice that the respondent could not produce any cogent and substantial evidence against the petitioner.

v)

That there was every likelihood of compromise between the parties but no serious efforts were made by the learned trial court.

vi)

That the impugned judgment has caused a great miscarriage of justice to the petitioner.

vii)

That there is no other alternate, adequate and efficacious remedy available to the petitioner except to

invoke the constitutional jurisdiction of this Hon’ble Court.

In view of the above submissions, it is respectfully prayed that this petition may graciously be allowed, the impugned judgment dated 12.10.2000 may please be set aside. Humble Petitioner, Dated: ___________

Through: -

CERTIFICATE: Certified as per instructions of the client, that this is the first petition on the subject matter. No such petition has earlier been filed before this Hon’ble Court. Advocate

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No. ______________/2000

Ejaz Ahmad

Versus

Mst. Mussarat Bibi

AFFIDAVIT of: Ejaz Ahmad S/o Jumma Shah, caste Syed, R/o Usmanabad, Near Railway Station, Muzaffarabad, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of November 2000 that the contents of this affidavit are true & correct to the best of my knowledge and belief. DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2000 In W.P. No.____________/2000 Ejaz Ahmad

Versus

Mst. Mussarat Bibi

APPLICATION FOR DISPENSING WITH THE FILING OF CERTIFIED COPIES OF ANNEXURES. =========================================

Respectfully Sheweth:That certified copies of Annexures “____________” are not available. However, uncertified/photo state copies of the same have been annexed with the Petition, which are true copies of original documents. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copies of documents. PETITIONER Dated: __________ (Ejaz Ahmad) Through: -

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2000 In W.P. No.____________/2000 Ejaz Ahmad

Versus

Mst. Mussarat Bibi

DISPENSATION APPLICATION

AFFIDAVIT of: Ejaz Ahmad S/o Jumma Shah, caste Syed, R/o Usmanabad, Near Railway Station, Muzaffarabad, Multan.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above application are true and correct to the best of my knowledge and belief and nothing has been kept concealed thereto. DEPONENT

Verification: Verified on oath at Multan, this _____ day of November 2000 that the contents of this affidavit are true & correct to the best of my knowledge and belief.

DEPONENT

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No.____________/2000 Ejaz Ahmad

Versus

Mst. Mussarat Bibi

INDEX S. No. NAME OF DOCUMENTS

ANNEXES PAGES

1

Urgent Form

2

Stamp Paper worth Rs. 500/-

3

Writ Petition.

4

Affidavit

5

Copy of Plaint.

A

6

Copy of written statement.

B

7

Statement of DW-1

C

8

Copy of Judgment

D

9

Copy of Decree.

E

10

Dispensation Application.

11

Affidavit.

12

Vakalatnama PETITIONER

Dated: ____________ Through: -