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 along-
with 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 ad-

interim 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.