Sample Of Petition U/A 199 Of Harrasment(marriage) Against Police and Private Person

IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN







W.P. No. _____________________/2019

Mst. Sadia Bibi....
Muhammad Adnan,....
Both presently R/O......
……………………..PETITIONER
VERSUS
District Police Officer, Dera Ghazi Khan.
Station House Officer Police Station Raitra, District D.G Khan.
Station House Officer Police Station Kot Sultan, District Layyah.
Respondents 4,5,6,7...
……………….RESPONDENTS
WRIT PETIITON UNDER ARTICLE 199 OF THE CONSTITIUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973.

Respectfully Sheweth,
That the names and addresses of the parties have correctly been given in the head note of the petition for affecting service and communications.
That the succinct germane facts essential for appreciation of arguments being advanced on behalf of the petitioners are that petitioner No.1 is aged 19 years being sui-juris muslim lady had contracted her marriage with  petitioner No.2, with her own free will, consent and her own choice, the  according to Sharia Mohammadi and Muslim Family laws as well as Nikah was performed on  23.01.2019 in the presence of truthful witnesses, since both the spouses are living together happily and enjoying their matrimonial life. Copy of Nikah Nama is attached as ANNEX-A.
That the petitioner No.1 contracted marriage with petitioner No.2/Muhammad Adnan against the wishes of respondents No.4 & 5 because they want to marry the petitioner with someone old aged persons on the consideration of some amount.
That when the respondent No.4 & 5 came to know regarding said marriage, they became angry and started creating hindrance and obstacle in the matrimonial life of the petitioners with demand to get the said marriage dissolved but petitioner No.1 has told them repeatedly that she will preferred death than to dissolve her marriage contract. Despite this vivid answer of the petitioner No.1, respondent No.4 & 5 did not restrained themselves from extending threats and intimidation to the petitioners and also their close relative as well as family members.
That due to above said act of the private respondents the petitioner No.1 filed a private complaint in the court of area Magistrate Police Station Kot Sultan, District Layyah and recorded his cursory statement.
That after flatly refusal regarding dissolving marriage of the petitioner No.1. In this situation, the respondent No.4 & 5 targeted the petitioners for the purpose of murder. For the purpose of completion their aims already the respondents No.4 & 5 alongwith unknown persons attacked over the petitioners on the intervention of the peoples of the locality, the petitioners rescued with the help of Allah Almighty.
That due to fear of above said act of the respondent No.4 & 5 the petitioners shifted their residence from Layyah to Tehsil Taunsa District D.G Khan but the respondent No.4 & 5 did not restrained themselves to create obstacles in matrimonial life of the petitioners. After getting knowledge the resident of the petitioners in Taunsa Sharif the respondents No.4 & 5 again started to threats to the petitioners and also harassing the petitioners through respondent No.2 & 3. In this regard, the respondent No.3 on the basis of political approach of the respondent No.4 & 5 approached to respondent No.2. On the instance of respondent No.4 & 5 the respondent No.2 visited the residence of the petitioners through their subordinate police officials, said police officials after harassing in different manner, they extended to threat the petitioners, if the petitioner No.1 getting divorce within one week otherwise they were arrested for the purpose of encounter.
That the petitioner No.1 had contracted marriage according to sharia and Muslim family laws. The petitioners neither committed any offence or sin. No criminal case registered against the petitioners at any police station regarding any offence. Therefore, the petitioners are not required in any police station especially respondent No.2 & 3. But the respondent No.2 & 3 on behest of the respondent No.4 & 5 have no authority for compelling the petitioner No.1 for dissolving the lawful marriage. In this way, the said demands of the respondents are illegal, without any justification. It is settled principle of law laid down in
1994 PCRLJ 1824.
“Police is bound to protect life, liberty and property of citizen including problems and they could not be permitted to take low in their own hand by causing harassment to citizen”
2005 MLD 1989,
“Interference in enjoyment of matrimonial life, SHO warned”
According to above principle of law, respondent No.1 to 3 are legally bound to give legal protection to the matrimonial life of the petitioners instead creating obstacles in matrimonial life of the petitioners and also compelling the petitioner No.1 for dissolving the marriage.
That according to the article 4, 9, 25 & 35 of the constitution of Islamic Republic of Pakistan 1973, the state is bound to provide the legal protection to the life, liberty and matrimonial life of the petitioners.  It is settled law that the fundamental rights of the citizen whenever violated and brought to the notice of Hon’ble court, Hon’ble court would be investigated and an appropriate order be passed in exercise of its jurisdiction under Article 199 of the constitution.
That there is no alternate, efficacious, and speedy remedy available to the petitioner except to invoke the constitutional jurisdiction of this Hon’ble court.
P R A Y E R:-
Under these circumstances, it is most respectfully prayed that instant petition may kindly be accepted and respondent No.2 & 3 may kindly be directed not to interfere within matrimonial life of the petitioners and restrained to compel the petitioner No.1 for getting divorce without any justification on behest of the respondent No.4 & 5 and also the respondent No.1 to 3 may very kindly be directed to provide the security/protection of matrimonial life to the petitioners and family of the petitioner No.2 from the illegal aims of the respondent No.4 & 5 in the supreme interest of justice.
Any other relief which this Hon’ble court deems fit and necessary may also be awarded to the petitioner.
PETITIONER
THROUGH:-
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839

CERTIFICATE:
It is certified that as per instructions of my client it is 1st petition on the subject matter before this Hon,ble court.
ADVOCATE

IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN




W.P. No.________________/2019

Mst. Sadia Bibi VS          DPO etc.

AFFIDAVIT: Mst. Sadia wife of Muhammad Adnan, Caste...., R/O ...., Tehsil & District Layyah. Presently R/O ..... District ....

That the above named deponent do here solemnly  affirm and declare on oath as under:
That the succinct germane facts essential for appreciation of arguments being advanced on behalf of the petitioners are that petitioner No.1 is aged 19 years being sui-juris muslim lady had contracted her marriage with  petitioner No.2, with her own free will, consent and her own choice, the  according to Sharia Mohammadi and Muslim Family laws as well as Nikah was performed on  23.01.2019 in the presence of truthful witnesses, since both the spouses are living together happily and enjoying their matrimonial life.
That the petitioner No.1 contracted marriage with petitioner No.2/Muhammad Adnan against the wishes of respondents No.4 & 5 because they want to marry the petitioner with someone old aged persons on the consideration of some amount.
That when the respondent No.4 & 5 came to know regarding said marriage, they became angry and started creating hindrance and obstacle in the matrimonial life of the petitioners with demand to get the said marriage dissolved but petitioner No.1 has told them repeatedly that she will preferred death than to dissolve her marriage contract. Despite this vivid answer of the petitioner No.1, respondent No.4 & 5 did not restrained themselves from extending threats and intimidation to the petitioners and also their close relative as well as family members.
That due to above said act of the private respondents the petitioner No.1 filed a private complaint in the court of area Magistrate Police Station Kot Sultan, District Layyah and recorded his cursory statement.
That after flatly refusal regarding dissolving marriage of the petitioner No.1. In this situation, the respondent No.4 & 5 targeted the petitioners for the purpose of murder. For the purpose of completion their aims already the respondents No.4 & 5 alongwith unknown persons attacked over the petitioners on the intervention of the peoples of the locality, the petitioners rescued with the help of Allah Almighty.
That due to fear of above said act of the respondent No.4 & 5 the petitioners shifted their residence from Layyah to Tehsil Taunsa District D.G Khan but the respondent No.4 & 5 did not restrained themselves to create obstacles in matrimonial life of the petitioners. After getting knowledge the resident of the petitioners in Taunsa Sharif the respondents No.4 & 5 again started to threats to the petitioners and also harassing the petitioners through respondent No.2 & 3. In this regard, the respondent No.3 on the basis of political approach of the respondent No.4 & 5 approached to respondent No.2. On the instance of respondent No.4 & 5 the respondent No.2 visited the residence of the petitioners through their subordinate police officials, said police officials after harassing in different manner, they extended to threat the petitioners, if the petitioner No.1 getting divorce within one week otherwise they were arrested for the purpose of encounter.
That the petitioner No.1 had contracted marriage according to sharia and Muslim family laws. The petitioners neither committed any offence or sin. No criminal case registered against the petitioners at any police station regarding any offence. Therefore, the petitioners are not required in any police station especially respondent No.2 & 3. But the respondent No.2 & 3 on behest of the respondent No.4 & 5 have no authority for compelling the petitioner No.1 for dissolving the lawful marriage. In this way, the said demands of the respondents are illegal, without any justification. It is settled principle of law laid down in
1994 PCRLJ 1824.
“Police is bound to protect life, liberty and property of citizen including problems and they could not be permitted to take low in their own hand by causing harassment to citizen”
2005 MLD 1989,
“Interference in enjoyment of matrimonial life, SHO warned”
According to above principle of law, respondent No.1 to 3 are legally bound to give legal protection to the matrimonial life of the petitioners instead creating obstacles in matrimonial life of the petitioners and also compelling the petitioner No.1 for dissolving the marriage.
That according to the article 4, 9, 25 & 35 of the constitution of Islamic Republic of Pakistan 1973, the state is bound to provide the legal protection to the life, liberty and matrimonial life of the petitioners.  It is settled law that the fundamental rights of the citizen whenever violated and brought to the notice of Hon’ble court, Hon’ble court would be investigated and an appropriate order be passed in exercise of its jurisdiction under Article 199 of the constitution.
DEPONENT
Verification:
                    It is certified that the day           of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
DEPONENT

IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN











W.P. No.________________/2019

Mst. Sadia Bibi VS          DPO etc.


INDEX
Sr.
Description of documents
Annex.
Page


Urgent form




Stamp paper/Court fee




Writ petition with affidavit




Copy of Nikah Nama
A



Dispensation with affidavit.




Power of attorney





PETITIONER
THROUGH:-
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839




IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN








W.P. No.________________/2019

Mst. Sadia Bibi VS          DPO etc.

AFFIDAVIT: Mst. Sadia Bibi D/O..., wife of Muhammad Adnan,

That the above named deponent do here solemnly  affirm and declare on oath as under:

That the contents of the affidavit are correct to the best of my knowledge and belief.
That the CNIC of the petitioner is not available due to which photograph of the petitioner is appended herewith instant petition.
That nothing has been kept concealed or hidden.

DEPONENT

Verification:
                    It is certified that the day        of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
DEPONENT


IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN











C.M. No. ______________/2019

In
W.P. No.________________/2019

Mst. Sadia Bibi VS          DPO etc.

PETITION UNDER SECTION 151 CPC FOR DISPENSATION WITH CERTIFIED COPY .

 Respectfully sheweth,

That the above titled petition is being filed before this Hon,ble court.
That attested copies are not available , photo copy of the same have been Annexed which  are true  copy of  original.

It is therefore, humbly prayed that production of certified copies (Annexure) of may kindly be dispensed with.
PETITIONER
THROUGH:-
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839



IN THE LAHORE HIGH COURT MULTAN BENCH MULTAN










C.M No. ____________/2019
In
W.P. No.________________/2019

Mst. Sadia Bibi VS          DPO etc.


  1. AFFIDAVIT: Mst. Sadia Bibi D/O .... wife of Muhammad Adnan, 


That the above named deponent do here solemnly  affirm and declare on oath as under:

That the contents of the affidavit are correct to the best of my knowledge and belief.
That nothing has been kept concealed or hidden.


DEPONENT


Verification:
                    It is certified that the day        of February 2019 at Multan that the contents of the above affidavits are true and correct to best of my knowledge and belief.
DEPONENT
















W.P No.________________ /2019

To,

The Deputy Registrar,
Lahore High Court bench at Multan.

_______________Mst. Sadia Bibi________________
V E R S U S
_______________________ DPO etc   _______________________

Sir,
Will you kindly treat the accompanying petition as an urgent case in accordance with provision of Rule-9, Chapter 3-A Rules and orders of the Lahore High Court, Lahore, volume-V.

The Grounds of urgency is:-

(__Harassment marriage______).

Yours Obedient,

Dated: .______________.
SARDAR QASIM BIN SAJJAD TANGWANI
Advocate High Court,
Multan.
CC NO.7839

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