IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen daughter of Muhammad Shareef, caste

Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian District Khanewal.
Petitioner
VERSUS
1. Zahoor Shah sons of unknown, caste Syed, R/o Chah
2. Rasheed Shah Nathoo Wala, Mauza Thathi Sameeja,
Tehsil & District Lodhran.
3. Ramzan Shah sons of Zahoor Shah, caste Syed, R/o Chah
4. Akhtar Shah Nathoo Wala, Mauza Thathi Sameeja,
Tehsil & District Lodhran.
Respondents

Petition under section 491 Cr.P.C. for

the recovery of Mohsin Raza aged 1-1/2
years form the custody of respondents.

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 the petitioner was married to one Muhammad Iqbal the son
of respondent No. 1 about 3 years ago. The said Muhammad
Iqbal was working abroad in Dubai.
3. That after the marriage, said Muhammad Iqbal remained in
Pakistan for 3/4 months and then after leaving the petitioner with
his family, he left for Dubai again. The son Mohsin Raza was
born in the absence of said Muhammad Iqbal. The relation
between the petitioner and the parents of Muhammad Iqbal
became strained. The petitioner became a victim of violence from
whole of the family of Muhammad Iqbal and they pushed the
petitioner out of the house.

4. That the family of said Muhammad Iqbal furnished some wrong

information to Muhammad Iqbal and resultantly a divorce deed
dated 17 July 2001 was received to the petitioner on 5.8.2001.
After a couple of weeks of the divorce deed all the respondents
along-with some others came to the house of the petitioner and
demanded the minor son Mohsin Raza, but the petitioner and her
family refused to given Mohsin Raza to them. Now on 31.8.2001,
the respondents along-with three other unknown persons (can be
identified on appearance) came to the house of the petitioner,
they started firing indiscriminately and under the shelter of this
firing, they snatched the minor Mohsin Raza and fled away from
the spot. The petitioner wrote to initiate the legal proceedings
through police against the respondents, but could not succeed due
to the political and social influence, having deep rooted relations
to the local police. Cop of Divorce Deed is Annex “A”.

5. That the detenue Mohsin Raza is a minor rather a suckling baby

and could not remain without the lap, attention and supervision of
the petitioner being the real mother. On the other hand, the
petitioner has a right of “Hazanat” under the Islamic Law as well
as the law of land.

6. That the detenue is in the improper and illegal custody of

respondents. They cannot feed and maintain the detenue properly
and there is every likelihood of any act or action which may be
injurious to the health and person of the
 detenue and under this situation, the petitioner is left with no
other legal remedy except to invoke the jurisdiction of this court.

Keeping in view the above-mentioned facts, it is

respectfully prayed that the petition may kindly be
accepted and the Mosin Raza minor may please be
recovered from the illegal and improper custody of the
respondents and the custody of minor may please be
handed over to the petitioner.
Any other writ, order, direction or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioner to meet the ends of justice.

Humble Petitioner,

Dated: ________

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

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen VS. Zahoor Shah etc.

AFFIDAVIT of: -
Mst. Kahlida Parveen daughter of Muhammad Shareef,
caste Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian
District Khanewal.

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 September 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.

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen VS. Zahoor Shah etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF THE CERTIFIED COPY OF ANNEX.
=========================================

Respectfully Sheweth:-
That certified copy of Annex “A” is not available.
However, uncertified/photo state copy of the same has been
annexed with the petition, which is true copy of the original
document.

It is, therefore, respectfully prayed that this Hon’ble

court may please dispense with the filing of aforesaid copy of
document.
APPLICANT

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
Crl. Misc. No._____________/2001

Mst. Kahlida Parveen VS. Zahoor Shah etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Mst. Kahlida Parveen daughter of Muhammad Shareef,
caste Sheikh, R/o Chak No. 112/10-R, Tehsil Jahanian
District Khanewal.

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 September 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.

Crl. Misc. No._____________/2001

Mst. Kahlida Parveen VS. Zahoor Shah etc.

INDEX

S. No. DESCRIPTION OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Petition under section 491 Cr.P.C. 1-5
3 Affidavit 7
4 Copy of Divorce Deed. A 9
5 Dispensation Application. 11
6 Affidavit. 13
7 Vakalatnama 15

PETITIONER
Dated: 12.9.2001

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