IN THE
COURT OF SESSIONS JUDGE, RAWALPINDI
In the matter of:
Sultan Muhammad son of Sooba Khan, resident of House No. ZB-2, Street No.30, Alam Abad, Dhoke Hassu, Rawalpindi.
…Petitioner
VERSUS
1. Raja Muhammad Shabbir son of name not known to the petitioner.
2. Raja Shahzad Shabbir son of Raja Muhammad Shabbir.
3. Yasir Shabbir son of Raja Muhammad Shabbir.
4. Tazeema Shabbir wife of Raja Muhammad Shabbir.
All residents of Carriage Factory, House No.ZB-3G, Mohallah Rajgan, Dhoke Hassu, Rawalpindi.
5. S.H.O, P.S Gunjmandi, Rawalpindi.
…Respondents
HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES (1) RIZWANA BIBI (2) ZOHAIB AGED ABOUT 4-YEARS FROM THE ILLEGAL, IMPROPER CONFINEMENT OF RESPONDENTS NO.1 TO 4
Respectfully Sheweth!
1. Brief facts giving rise to the instant petition are that; the petitioner is unfortunate father of detenues namely Rizwana Bibi and maternal grandfather of detenue No.2 Zobaib.
2. That the daughter of the petitioner was married with one Raja Shahzad Shabbir and out of the wedlock, detenue No.2 was born but later on, Raja Shahzad Shabbir divorced the daughter of the petitioner and after getting divorce, she started living in Dar-ul-Amaan along with her son / detenue No.2. She was living in Dar-ul-Amaan since 21-07-09. (Copy of the application on behalf of detenue No.1 regarding sending to Dar-ul-Amaan, Rawalpindi is attached herewith for the kind perusal by this Honourable Court.
3. That the petitioner used to pay visit to Dar-ul-Amaan and see his real daughter and maternal grandson after 21-07-2009.
4. That previously, when the petitioner tried to see his real daughter in Dar-ul-Amaan, Rawalpindi, he was shocked to know that someone has taken away the detenues and on the search of the petitioner, it transpired that the ex-mother-in-law (respondent No.4) of the detenue No.1 trapped the detenues and took them with her on 12-12-2009. (Copy of the application along with statements of the respondent No.4 and that of detenues are annexed herewith for the kind perusal by this Honourable Court)
5. That when the petitioner approached to the respondents No.1 & 4, they flatly denied to take the dentenues back from the Dar-ul-Amaan and shown their unawareness about the missing of the detenues from the Dar-ul-Amaan, Rawalpindi.
6. That since previously, the family intrigues prevailed between both the families, therefore, the petitioner fairly believes and understands that the respondent No.4 managed to get the custody of the detenues and after getting their custody, she has sent them to unknown place only to avoid the meeting of the petitioner with them.
7. That the petitioner also apprehends that the respondents would cause severe damage to the persons and properties of the detenues if they remained in illegal and improper custody of the respondents No.1 to 4 due to the previous enmity.
8. That the petitioner fairly believes that being the real father of detenue No.1 and maternal grandfather of detenue No.2 has every right to see and keep their custody which is legal and proper.
9. That the petitioner also apprehends a danger to the persons and properties of the detenuues at the hands of respondents No.1 to 4.
10. That the petitioner has time and again requested the respondents No.1 to 4 to send the detenues with him but they flatly refused to accede the genuine request of the petitioner, hence this petition.
11. That the petitioner has no other alternate, efficacious, expeditious and less expensive remedy except to invoke the jurisdiction of this Honourable Court, hence this petition.
PRAYER
It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the detenues may very graciously be recovered through appointment of bailiff with the help of respondent No.5 and the bailiff be directed to produce the detenues before this August Court and after their production, their persons may graciously be handed over to the petitioner which is in the best interest of the justice and for that purpose, the petitioner is ready to pay the requisite bailiff fee as per direction of this August Court.
Any other relief which this Honourable Court deems fit and proper, also be awarded to the petitioner.
Petitioner
Through
COUNSEL
In the matter of:
Sultan Muhammad son of Sooba Khan, resident of House No. ZB-2, Street No.30, Alam Abad, Dhoke Hassu, Rawalpindi.
…Petitioner
VERSUS
1. Raja Muhammad Shabbir son of name not known to the petitioner.
2. Raja Shahzad Shabbir son of Raja Muhammad Shabbir.
3. Yasir Shabbir son of Raja Muhammad Shabbir.
4. Tazeema Shabbir wife of Raja Muhammad Shabbir.
All residents of Carriage Factory, House No.ZB-3G, Mohallah Rajgan, Dhoke Hassu, Rawalpindi.
5. S.H.O, P.S Gunjmandi, Rawalpindi.
…Respondents
HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES (1) RIZWANA BIBI (2) ZOHAIB AGED ABOUT 4-YEARS FROM THE ILLEGAL, IMPROPER CONFINEMENT OF RESPONDENTS NO.1 TO 4
Respectfully Sheweth!
1. Brief facts giving rise to the instant petition are that; the petitioner is unfortunate father of detenues namely Rizwana Bibi and maternal grandfather of detenue No.2 Zobaib.
2. That the daughter of the petitioner was married with one Raja Shahzad Shabbir and out of the wedlock, detenue No.2 was born but later on, Raja Shahzad Shabbir divorced the daughter of the petitioner and after getting divorce, she started living in Dar-ul-Amaan along with her son / detenue No.2. She was living in Dar-ul-Amaan since 21-07-09. (Copy of the application on behalf of detenue No.1 regarding sending to Dar-ul-Amaan, Rawalpindi is attached herewith for the kind perusal by this Honourable Court.
3. That the petitioner used to pay visit to Dar-ul-Amaan and see his real daughter and maternal grandson after 21-07-2009.
4. That previously, when the petitioner tried to see his real daughter in Dar-ul-Amaan, Rawalpindi, he was shocked to know that someone has taken away the detenues and on the search of the petitioner, it transpired that the ex-mother-in-law (respondent No.4) of the detenue No.1 trapped the detenues and took them with her on 12-12-2009. (Copy of the application along with statements of the respondent No.4 and that of detenues are annexed herewith for the kind perusal by this Honourable Court)
5. That when the petitioner approached to the respondents No.1 & 4, they flatly denied to take the dentenues back from the Dar-ul-Amaan and shown their unawareness about the missing of the detenues from the Dar-ul-Amaan, Rawalpindi.
6. That since previously, the family intrigues prevailed between both the families, therefore, the petitioner fairly believes and understands that the respondent No.4 managed to get the custody of the detenues and after getting their custody, she has sent them to unknown place only to avoid the meeting of the petitioner with them.
7. That the petitioner also apprehends that the respondents would cause severe damage to the persons and properties of the detenues if they remained in illegal and improper custody of the respondents No.1 to 4 due to the previous enmity.
8. That the petitioner fairly believes that being the real father of detenue No.1 and maternal grandfather of detenue No.2 has every right to see and keep their custody which is legal and proper.
9. That the petitioner also apprehends a danger to the persons and properties of the detenuues at the hands of respondents No.1 to 4.
10. That the petitioner has time and again requested the respondents No.1 to 4 to send the detenues with him but they flatly refused to accede the genuine request of the petitioner, hence this petition.
11. That the petitioner has no other alternate, efficacious, expeditious and less expensive remedy except to invoke the jurisdiction of this Honourable Court, hence this petition.
PRAYER
It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the detenues may very graciously be recovered through appointment of bailiff with the help of respondent No.5 and the bailiff be directed to produce the detenues before this August Court and after their production, their persons may graciously be handed over to the petitioner which is in the best interest of the justice and for that purpose, the petitioner is ready to pay the requisite bailiff fee as per direction of this August Court.
Any other relief which this Honourable Court deems fit and proper, also be awarded to the petitioner.
Petitioner
Through
COUNSEL
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