IN THE LAHORE HIGH COURT, MULTAN BENCH,

MULTAN.

W.P. No._____________/Q/2001

Syeda Nagina Mai wife of Mujahid Hussain Shah, caste Syed, R/o
Chah Mehyar Wala, Mouza Booa Pur, Tehsil & District Multan.
Petitioner
VERSUS
1. S.H.O. P.S. Sarai Sadhu, District Khanewal.
2. Riaz Hussain S/o Ghulam Hussain, caste Syed, R/o Chah Lakan
Wala, Mouza Faree Pur, Tehsil Kabirwala, District Khanewal.
Respondents

Writ Petition under Article 199 of the

Constitution of Islamic Republic of
Pakistan, 1973, read with all other
enabling provisions for the quashment.

F.I.R No. 217/2001 Dated:19.8.2001

P.S. Sarai Sadhu (Khanewal).
U/S: 16/10 (E.O.H. Ordinance No. VII)
Respectfully Sheweth: -
1. That the petitioner was married to one Mujahid Hussain on
4.3.98 with the consent of full participation involvement and
blessings of parents and other relatives of spouses. It was a
traditional “Watta Satta” marriage. The hand of real sister (Fauzia
Mai) of Mujahid Hussain Shah was given to the real brother
(Chan Shah) of the petitioner, after about two years of the
marriage of the petitioner. Copy of Nikah Nama is attached as
Annex “A”.

2. That unfortunately, the marriage of Mst. Fauzia could not subsist

and after prolonged disputes, the matter was ended in the shape
of divorce 6/7 months before. In this situation, the petitioner was
 pressurised by the respondent No. 2, the real father of petitioner
and some other close relatives, to get divorce from the husband
Mujahid Hussain Shah. It was quite un-expected demand from
petitioner, to get divorce from the husband, without any reason or
fault.
3. That the refusal of the petitioner annoyed and infuriated the
respondent No. 2, and other relatives, then a conspiracy was
hatched against the matrimonial life of petitioner. About two
months ago, a rumour was spread in all around the area that the
petitioner was divorced by her husband 6/7 months ago. It was
astonishing news for the petitioner because the petitioner was
passing his matrimonial life smoothly and uninterruptedly and
there was no such occasion.
4. That a wee ago, when the petitioner and her husband were at
there home, the police from police station Sarai Sadhu raided the
house of petitioner. On query, it came to the knowledge of
petitioner that the respondent No. 2 had got registered a cse F.I.R.
No. 217/2001 dated 19.8.2001 under section 16/10 (E.O.H.) at
P.S. Sarai Sahdu (Khanewal) being revengeful and in response of
refusal of petitioner. Copy of F.I.R. and better copy are Annexes
“B & B/1”.
5. That the impugned F.I.R. is liable to be quashed inter alia on the
following: -
GROUNDS
a) That the petitioner is neither abducted nor subjected to
any type of Zina. Petitioner is legally wedded wife of
Mujahid Hussain.
b) That the petitioner is passing her smooth and un-
interrupted matrimonial life with Mujahid Hussain.
Affidavit of petitioner’s husband in this regard is
attached as Annex “C”.
c) That the F.I.R. is not based upon the real facts and is a
concocted story.
d) That petitioner and her husband are victim of personal
liking and disliking.
 e) That the F.I.R. is lodged due to ulterior motive and
malafide intention.
f) That the veracity of F.I.R. is shattered by its own
narration.
g) That this F.I.R. is lodged by the complainant only to
pressurise the petitioner, just to acknowledge his illegal
and unlawful demands.
5. That the petitioner and her husband tried their level’s best to
join the investigation for the satisfaction of respondent No. 1,
but the respondent No. 1 is not ready for it, but adamant to
arrest the petitioner and her husband.
6. That the petitioner is left with no other alternate, adequate,
efficacious, proper and speedy remedy except to invoke the
extra-ordinary constitutional jurisdiction of this Hon’ble Court
for the redressal of her grievance. Hence, this petition.
Keeping in view the above-mentioned facts, it is
respectfully prayed that the F.I.R. in question may
please be quashed.
Any other writ, order, direction or relief which
this Hon’ble Court deems fit, may please be extended in
the favour of petitioners 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.
 W.P. No. ______________/2001

Syeda Nagina Mai Vs. S.H.O. etc.

AFFIDAVIT of: -
Syeda Nagina Mai wife of Mujahid Hussain Shah, caste
Syed, R/o Chah Mehyar Wala, Mouza Booa Pur, Tehsil
& District Multan.

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 October 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.
 In re: C.M. No. _____________/2001
In
W.P. No.____________/2001

Syeda Nagina Mai Vs. S.H.O. etc.

APPLICATION FOR DISPENSING WITH THE

FILING OF CERTIFIED COPIES OF ANNEXURES.
=========================================

Respectfully Sheweth: -
That certified copies of Annexures “A to C” are not
available. However, uncertified/photo state copies of the
same have been annexed with the petition, which are true
copies of original documents.

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

court may please dispense with the filing of aforesaid copies
of documents.
PETITIONER

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
W.P. No.____________/2001

Syeda Nagina Mai Vs. S.H.O. etc.

DISPENSATION APPLICATION.

AFFIDAVIT of: -
Syeda Nagina Mai wife of Mujahid Hussain Shah, caste
Syed, R/o Chah Mehyar Wala, Mouza Booa Pur, Tehsil
& District Multan.

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 October 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.
 W.P. No.____________/2001

Syeda Nagina Mai Vs. S.H.O. etc.

INDEX

S. No. NAME OF DOCUMENTS ANNEXES PAGES

1 Urgent Form
2 Stamp Paper worth Rs. 500/-
3 Writ Petition.
4 Affidavit.
5 Copy of Nikah Nama. A
6 Copy of F.I.R. & better copy. B & B/1
7 Affidavit of petitioner’s husband. C
8 Dispensation Application.
9 Affidavit.
10 Vakalatnama

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