Khalida Parveen

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen daughter of Muhammad Shareef, caste Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian District Khanewal. Petitioner VERSUS 1. Zahoor Shah

sons of unknown, caste Syed, R/o Chah

2. Rasheed Shah Nathoo Wala, Mauza Thathi Sameeja, Tehsil & District Lodhran. 3. Ramzan Shah sons of Zahoor Shah, caste Syed, R/o Chah 4. Akhtar Shah

Nathoo Wala, Mauza Thathi Sameeja, Tehsil & District Lodhran. Respondents

Petition under section 491 Cr.P.C. for the recovery of Mohsin Raza aged 1-1/2 years form the custody of respondents.

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 was married to one Muhammad Iqbal the son of respondent No. 1 about 3 years ago. The said Muhammad Iqbal was working abroad in Dubai.

3. That after the marriage, said Muhammad Iqbal remained in Pakistan for 3/4 months and then after leaving the petitioner with his family, he left for Dubai again. The son Mohsin Raza was born in the absence of said Muhammad Iqbal. The relation between the petitioner and the parents of Muhammad Iqbal became strained. The petitioner became a victim of violence from whole of the family of Muhammad Iqbal and they pushed the petitioner out of the house. 4. That the family of said Muhammad Iqbal furnished some wrong information to Muhammad Iqbal and resultantly a divorce deed dated 17 July 2001 was received to the petitioner on 5.8.2001. After a couple of weeks of the divorce deed all the respondents along-with some others came to the house of the petitioner and demanded the minor son Mohsin Raza, but the petitioner and her family refused to given Mohsin Raza to them. Now on 31.8.2001, the respondents along-with three other unknown persons (can be identified on appearance) came to the house of the petitioner, they started firing indiscriminately and under the shelter of this firing, they snatched the minor Mohsin Raza and fled away from the spot. The petitioner wrote to initiate the legal proceedings through police against the respondents, but could not succeed due to the political and social influence, having deep rooted relations to the local police. Cop of Divorce Deed is Annex “A”. 5. That the detenue Mohsin Raza is a minor rather a suckling baby and could not remain without the lap, attention and supervision of the petitioner being the real mother. On the other hand, the petitioner has a right of “Hazanat” under the Islamic Law as well as the law of land. 6. That the detenue is in the improper and illegal custody of respondents. They cannot feed and maintain the detenue properly and there is every likelihood of any act or action which may be injurious

to

the

health

and

person

of

the

detenue and under this situation, the petitioner is left with no other legal remedy except to invoke the jurisdiction of this court. Keeping in view the above-mentioned facts, it is respectfully prayed that the petition may kindly be accepted and the Mosin Raza minor may please be recovered from the illegal and improper custody of the respondents and the custody of minor may please be handed over to the petitioner. Any other writ, order, direction or relief which this Hon’ble Court deems fit, may please be extended in the favour of petitioner to meet the ends of justice. Humble Petitioner, Dated: ________

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

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.

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen

VS.

Zahoor Shah etc.

AFFIDAVIT of: Mst. Kahlida Parveen daughter of Muhammad Shareef, caste Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian District Khanewal.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 September 2001 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.

Crl. Misc. No._____________/2001 Mst. Kahlida Parveen

VS.

Zahoor Shah etc.

APPLICATION FOR DISPENSING WITH THE FILING OF THE CERTIFIED COPY OF ANNEX. ========================================= Respectfully Sheweth:That certified copy of Annex “A” is not available. However, uncertified/photo state copy of the same has been annexed with the petition, which is true copy of the original document. It is, therefore, respectfully prayed that this Hon’ble court may please dispense with the filing of aforesaid copy of document. APPLICANT Dated: __________ Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

In re: C.M. No. _____________/2001 In Crl. Misc. No._____________/2001

Mst. Kahlida Parveen

VS.

Zahoor Shah etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: Mst. Kahlida Parveen daughter of Muhammad Shareef, caste Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian District Khanewal.

I, the above named deponent do hereby solemnly affirm and declare that the contents of the above-mentioned 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 September 2001 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.

Crl. Misc. No._____________/2001 Mst. Kahlida Parveen

VS.

Zahoor Shah etc.

INDEX S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES 1

Urgent Form

2

Petition under section 491 Cr.P.C.

1-5

3 Affidavit 4 Copy of Divorce Deed.

7 A

9

5 Dispensation Application.

11

6 Affidavit.

13

7 Vakalatnama

15 PETITIONER

Dated: 12.9.2001

Through: Hammad Afzal Bajwa, Advocate High Court, 28-District Courts, Multan. C.C. No. 20959

Sheikh Muhammad Faheem, Advocate High Court, 28-District Courts, Multan. C.C. No. 20176