Mst

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/2000 Mst. Safia Mai daughter of Haq Nawaz, caste Riggar, R/o Mauza Buch Khusrabad, Bosan Road, Multan. Petitioner VERSUS 1. State. 2. S.H.O. P.S. Gulgasht, Multan. 3. Haq Nawaz S/o Malik Ranjha, caste Riggar, R/o Chah Khando Wala, Mouza Neelkot, Near Hafiz Nursery, Bosan Road, Multan. Respondents

Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973.

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 petitioner was married 10, 10-1/2 years before with one Rab Nawaz son of Muhammad Waris, caste Chinchar, resident of Chah Inam Wala Syedan Wali Khooi, Basti Nau, Multan. Out of this wed-lock, five children were born, and were living alongwith the petitioner but two days before are snatched by the respondent No. 3 and said Rab Nawaz. 3. That there were family disputes between the petitioner and Rab Nawaz. Feeling aggrieved by the act, conduct and habits of Rab

Nawaz, the petitioner filed a suit for “Dissolution of Marriage” for the reasons and grounds stated therein. The suit is still pending adjudication in the court of Ch. Muhammad Azam the learned Family Judge, Multan. Copy of plaint is Annex “A”. 4. That as the petitioner was expelled from house, by Rab Nawaz, so petitioner tried to live with his parents, but they could not bear the expenses for bread and butter of the petitioner and her children. The petitioner compelled by the circumstances, to earn her livelihood by doing personal job in the house. Now the petitioner is doing job as personal servant in the house of one Malik Muhammad Ali Bucha land-lord and Member District Council, Multan (suspended) and residing in the servant rooms since last two months. 5. That the Rab Nawaz made a contact with the respondent No. 3 and under some greed or benefit instigated him to pressurize the petitioner for rejoining the matrimonial life. On the refusal of the petitioner the respondent No. 3 in league with said Rab Nawaz hatched a conspiracy against the petitioner. Resultantly respondent No. 3 got a criminal case registered against one Tariq Javed (even not known to the petitioner) for the abduction of the petitioner. Copy of F.I.R. is attached as Annex “B”. 6. That the F.I.R. No. 447/2000 dated 9.9.2000 U/s 16/7/79 Islamic Law registered at P.S. Gulgasht (Multan) is liable to be quashed inter alia on the following: GROUNDS i)

That the instant case registered is a false one and prima facie has no value because no such occurrence has been happened.

ii)

That the case is registered with malafide intention and ulterior motive for causing the humiliation and harassment to the petitioner and especially to put pressure upon the petitioner to rejoin the matrimonial life with Rab Nawaz.

iii)

That there is a delay of 2-1/2 months in registration of case and no plausible explanation is offered to substantiate this delay.

iv)

That the petitioner is not abducted by anyone living with her full respect and honour as a personal servant in the house of one respectable land-lord. An affidavit is also sworn in this regard by said land-lord. Copy is Annex “C”.

v)

That the petitioner after obtaining the concession of adinterim pre-arrest bail from the competent court appeared before the respondent No. 2 and got recorded her statement which is supported by other respectables of the locality, but the respondent No. 2 is not ready to cancel the case due to the instruction and directions of his superiors. Copies of affidavits are as Annexes “D to D/3” and copy of complaint is Annex “E”.

vi)

That the behaviour and conduct of the respondent No. 2 is so bias and prejudice that he was not ready to record the version of the petitioner, for which the petitioner approached to this Hon’ble Court with a constitutional petition No. 9909/2000. Through this petition respondent No. 2 was directed to record the version of the petitioner. Copy is attached as Annex “F”.

7.

That the petitioner has left with no other alternate, efficacious and speedy remedy except to invoke the Constitutional jurisdiction of this Hon’ble Court. Hence, this petition. In view of the above submissions, it is respectfully prayed that the case F.I.R. No. 447/2000 dated 9.9.2000 u/s 16/7/79 Islamic Law registered at PS. Gulgasht (Multan)may please be quashed in the interest of justice. It is further prayed that any order, direction, writ or relief which this Hon’ble Court

deems fit, may graciously be awarded to meet the ends of justice. Humble Petitioner, Dated: ___________

Through: Sheikh Muhammad Faheem, Hamad Afzal Bajwa, Advocate High Court, Advocate High Court, C.C. No. 20176 C.C. No. 20959 28-District Courts, Multan.