Nagina Mai

IN THE LAHORE HIGH COURT, MULTAN BENCH, MULTAN.

W.P. No._____________/Q/2001 Syeda Nagina Mai wife of Mujahid Hussain Shah, caste Syed, R/o Chah Mehyar Wala, Mouza Booa Pur, Tehsil & District Multan. Petitioner VERSUS 1. S.H.O. P.S. Sarai Sadhu, District Khanewal. 2. Riaz Hussain S/o Ghulam Hussain, caste Syed, R/o Chah Lakan Wala, Mouza Faree Pur, Tehsil Kabirwala, District Khanewal. Respondents Writ Petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with all other enabling provisions for the quashment. F.I.R No. 217/2001

Dated:19.8.2001

P.S. Sarai Sadhu (Khanewal). U/S: 16/10 (E.O.H. Ordinance No. VII) Respectfully Sheweth: 1. That the petitioner was married to one Mujahid Hussain on 4.3.98 with the consent of full participation involvement and blessings of parents and other relatives of spouses. It was a traditional “Watta Satta” marriage. The hand of real sister (Fauzia Mai) of Mujahid Hussain Shah was given to the real brother (Chan Shah) of the petitioner, after about two years of the marriage of the petitioner. Copy of Nikah Nama is attached as Annex “A”. 2. That unfortunately, the marriage of Mst. Fauzia could not subsist and after prolonged disputes, the matter was ended in the shape of divorce 6/7 months before. In this situation, the petitioner was

pressurised by the respondent No. 2, the real father of petitioner and some other close relatives, to get divorce from the husband Mujahid Hussain Shah. It was quite un-expected demand from petitioner, to get divorce from the husband, without any reason or fault. 3. That the refusal of the petitioner annoyed and infuriated the respondent No. 2, and other relatives, then a conspiracy was hatched against the matrimonial life of petitioner. About two months ago, a rumour was spread in all around the area that the petitioner was divorced by her husband 6/7 months ago. It was astonishing news for the petitioner because the petitioner was passing his matrimonial life smoothly and uninterruptedly and there was no such occasion. 4. That a wee ago, when the petitioner and her husband were at there home, the police from police station Sarai Sadhu raided the house of petitioner. On query, it came to the knowledge of petitioner that the respondent No. 2 had got registered a cse F.I.R. No. 217/2001 dated 19.8.2001 under section 16/10 (E.O.H.) at P.S. Sarai Sahdu (Khanewal) being revengeful and in response of refusal of petitioner. Copy of F.I.R. and better copy are Annexes “B & B/1”. 5. That the impugned F.I.R. is liable to be quashed inter alia on the following: GROUNDS a)

That the petitioner is neither abducted nor subjected to any type of Zina. Petitioner is legally wedded wife of Mujahid Hussain.

b)

That the petitioner is passing her smooth and uninterrupted matrimonial life with Mujahid Hussain. Affidavit of petitioner’s husband in this regard is attached as Annex “C”.

c)

That the F.I.R. is not based upon the real facts and is a concocted story.

d)

That petitioner and her husband are victim of personal liking and disliking.

e)

That the F.I.R. is lodged due to ulterior motive and malafide intention.

f)

That the veracity of F.I.R. is shattered by its own narration.

g)

That this F.I.R. is lodged by the complainant only to pressurise the petitioner, just to acknowledge his illegal and unlawful demands.

5.

That the petitioner and her husband tried their level’s best to join the investigation for the satisfaction of respondent No. 1, but the respondent No. 1 is not ready for it, but adamant to arrest the petitioner and her husband.

6.

That the petitioner is left with no other alternate, adequate, efficacious, proper and speedy remedy except to invoke the extra-ordinary constitutional jurisdiction of this Hon’ble Court for the redressal of her grievance. Hence, this petition. Keeping in view the above-mentioned facts, it is respectfully prayed that the F.I.R. in question may please be quashed. Any other writ, order, direction or relief which this Hon’ble Court deems fit, may please be extended in the favour of petitioners 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.

W.P. No. ______________/2001

Syeda Nagina Mai

Vs.

S.H.O. etc.

AFFIDAVIT of: Syeda Nagina Mai wife of Mujahid Hussain Shah, caste Syed, R/o Chah Mehyar Wala, Mouza Booa Pur, Tehsil & District Multan.

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 October 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.

In re: C.M. No. _____________/2001 In W.P. No.____________/2001 Syeda Nagina Mai

Vs.

S.H.O. etc.

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

Respectfully Sheweth: That certified copies of Annexures “A to C” 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: __________ 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 W.P. No.____________/2001 Syeda Nagina Mai

Vs.

S.H.O. etc.

DISPENSATION APPLICATION. AFFIDAVIT of: Syeda Nagina Mai wife of Mujahid Hussain Shah, caste Syed, R/o Chah Mehyar Wala, Mouza Booa Pur, Tehsil & District Multan.

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 October 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.

W.P. No.____________/2001 Syeda Nagina Mai

Vs.

S.H.O. etc.

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 Nikah Nama.

6

Copy of F.I.R. & better copy.

7

Affidavit of petitioner’s husband.

8

Dispensation Application.

9

Affidavit.

10

Vakalatnama

A B & B/1 C

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