IN THE COURT OF ADJ, LAHORE.

Ashraf Masih S/o Rehmat Masih R/o House No. 530-H, Farooquia Colony Jehanzeb Block, Allama Iqbal Town.

Applicant

Vs
1) Mst Nazia Ashraf 2) Momi Aimab]

Son/Daughters
3) Fozia Ashraf ]

Respondent

Ashraf Masih R/o House No.30Najaf Bhekewal Lahore

Respectfully Sheweth: Appeal against has order dated 12-05-09 passed by the Faisal Mehmood . 1. In which an order/ Judgment/decree was passed against the appellant by leading the power of Sec 17/A of west Pakistan family Court act. 2. That the case was filed under the divorce act 1369 for the Recovery of maintenance of which where as he learned trial without keeping in view the provision of divorce Act, given a Judgment decree dated 1005-2009 which is totally Illegal void, against the law and facts of the case hence liable to be set a side on the following grounds the copy of order is attached with the plaint. GROUNDS

a. That when there is a clear provision of law and and practice in Divorce act why the learned trial court landed the power of Sec 17/A of Family Court act 1964 which make order dated 12-0509 void and illegal hence liable to set a side. b. That the Judgment order dated 12-05-09 is passed mechanically without watching the provisions of divorce act which is clear about that only the procedure of Cpc will apply on the case filed under the divorce act hence liable to set a side.

c. That it is clear in the law that when there is a provision about the procedure in any law should adopted, that divorce act is clear about in chapter No. xii procedure Sec 45 that all the proceeding shall be regulated by the Code of Civil procedure, So why the powers of Sec 17-A was adopted by the learned trial court hence liable to set a side. d. That there is no any provision in Civil procedure code that in case of non Compliance of interim order decree could be passed against the defendant without keeping in view the facts and figures of the case. Hence liable to set a side. e. That the Judgment dated 12-05-09 is passed without touching the facts of case even the facts of case even the evidence of the Plaintiff/ Respondent have any authenticity about the fact as narrated in the Suit which amounts to cruelty in the name of Justice, that if the Judgment/decree date 12-05-2009 has not been set a side the appellant shall suffer an irreparable lass and injury.

Prayer
It is therefore, most respectfully prayed that the present appeal be accepted and the Judgment/decree dated 12-0509 passed by the family Court may kindly be set a side. It is further prayed that after accepting this appeal the case be remanded before the trial Court and to decide the case according to the merits case of Case and also according to the divorce act 1869.

Appellant
Through

Muhammad Kamran Siddiquei Advocate High Court

Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

IN THE COURT OF SESSION JUDGE, LAHORE.

BA . No. ______________________________________ 2009

1 2 3 4

Ghulam Rasool S/o Rehamt Ullah R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. Farooq Ahmad S/o Ghulam Rasool R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. Zulafqar Ahmad S/o Ghulam Rasool R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. Muhammad Waseem S/o Shoukat Hayat R/O Unknown Petitioners Vs The State Respondent Case FIR No.191/2009 P S Badami Bagh Lahore Offence Under Section
_________________________________

380 PPC

Petition Under Section 498 CR PC for the Grant of Interim Bail

AFFIDAVIT OF

Muhammad Waseem S/o Shoukat

Hayat R/O Unknown

I, the above named deponent solemnly affirm and declare as under;

That the Contents of the accompanying petition are correct and true to the best of dependants knowledge and belief and nothing has been concealed there from. Moreover, the deponent has not filed any other petition except the instant petition in any other Court.
DEPONENT

Muhammad Waseem
Verification
Verified on oath at Lahore on this 04th day of April 2009

that all the contents of the above affidavit are correct and true to the best of my knowledge and belief.

DEPONENT Muhammad Waseem

IN THE COURT OF SESSION JUDGE, LAHORE.

1. Ghulam Rasool S/o Rehamt Ullah R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. 2. Farooq Ahmad S/o Ghulam Rasool R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. 3. Zulafqar Ahmad S/o Ghulam Rasool R/o House No. 2 Street No. 21Firdous Park Sanat Nagar Lahore. 4. Muhammad Waseem S/o Shoukat Hayat R/O Unknown
Petitioners Vs The State Respondent

Case FIR No. 191/2009 P S Badami Bagh Lahore Offence Under Section 380 PPC

Petition Under Section 498 CR PC for the Grant of Interim Bail

INDEX
Sr.No. 1. 2. 3. 4. 5. Description of documents Bail Applcation Affidavit Copy of FIR Copy of Partnership Deed and FIR A, B Power of Attorney Annexure Pages 1 to 3 4-8 9

Petitioners
Through

Muhammad Kamran Siddiquei Advocate High Court

Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore.