Format Of Filling Writ Petition In High Court Against The Order In Family Appeal

A writ petition is a petition filed directly before the High Courts or the Supreme Court, under Articles 199 of the Constitution of Islamic Republic of Pakistan respectively, praying to pass a writ, which is a special power conferred on these courts. High Court have Writ jurisdiction to pass order in civil writ Petition or criminal Writ petition.

Writ petition is filled to prevent or protect fundamental rights from getting violated.

Under Writ jurisdiction High Court or Supreme Court can pass five kinds of writs. These kinds are writ of certiorari, Writ of Habeas Corpus, Writ of Mandamus, Writ of Quo Warranto, Write of Prohibition.

Writ petition can be co related with judicial review. Because most of the time writ petition is filed to review an administrative action by a public body.

When writ petition can be filled? A writ petition in the High Court can be filed (Article 199) of Pakistan, when any of your fundamental rights are violated. Who can file a writ petition?  Writ petition can be filled by any aggrieved person. A sample of Writ petition is provided to guide the new lawyers. The best format of writ petition is given under.

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

W.P. No. ______/2009

 

ABC son of CDE r/o Mauza Gehl, P.O Maira Mohra, Tehsil and District Rawalpindi.

…Petitioner

Versus

  1. ABC daughter of DEF r/o Dawri, P.O Jawa, Tehsil and District Rawalpindi.
  2. Additional District & Sessions Judge, Rawalpindi.
  3. The Judge Family Court Rawalpindi.

…Respondents

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973 AGAINST THE ORDER DATED 24-12-2008 PASSED BY RESPONDENT NO. 2 WHEREBY THE LEARNED ADDITIONAL DISTRICT JUDGE MODIFIED THE ORDER & JUDGMENT DATED 31-03-2008 PASSED BY LEARNED RESPONDENT NO. 3.

PRAYER IN WRIT PETITION:

TO SET ASIDE THE IMPUGNED ORDER & JUDGMENT DATED 24-12-2008 PASSED BY RESPONDENT NO. 2 AND RESTORE THE ORDER & JUDGMENT DATED 31-03-2008 PASSED BY LEARNED RESPONDNT NO. 3.

Respectfully Sheweth,

  1. That the addresses of the parties for the purpose of service of notice are same as mentioned in the title of the petition.

 

  1. That the petitioner was married with the respondent No. 1 on 21-06-2001 according to the Islamic Rights and at the time of Nikah Rs. 500/- was fixed as dower, which was paid at the spot.

 

  1. That the relationship between the parties became strained and pre-trial reconciliation proceedings were conducted but the same could not be fruitful and respondent No. 1 refused to reside with the petitioner, therefore, the petitioner pronounced divorce to the respondent No. 1 in the month of 12-09-2005.

 

  1. That the respondent No. 1 filed a suit for recovery of maintenance allowance @ Rs. 2000/- per month, return of dowry articles as per list attached with the plaint, dower money in shape of a house and gold ornaments weighing 3 Tolas in the Court of Learned Senior Civil Judge/ Judge Family Court, Rawalpindi which was entrusted to the Court of Dr. Anwar Gondal, the Learned Judge Family Court, Rawalpindi, in which the petitioner appeared and filed his written statement.

 

  1. That out of the divergent pleadings of the parties, following issues were framed:

ISSUES

  1. Whether the plaintiff is entitled to recover maintenance allowance, if so at what rate and for what period? OPP.
  2. Whether the plaintiff is entitled to recover a house as dower? OPP
  3. Whether the plaintiff is entitled to recover dowry articles including gold ornaments weighing 3 Tolas or alternate value of Rs. 211,780/-? OPP
  4. Whether the plaintiff has no cause of action to file the instant suit? OPD
  5. Whether the plaintiff has enclosed a forged and fake list of dowry articles? OPD
  6. Relief

 

  1. That both the parties were heard by the Learned Family Judge and ultimately the Learned Family Judge vide judgment & decree dated 31-03-2008, the learned respondent No. 3 awarded maintenance of Rs. 1000/- per month from March 2004 to Iddah Period, awarded dowry articles as per list submitted by the petitioner, whereas, the suit to the extent of house and gold ornaments was dismissed.

 

  1. That feeling aggrieved from the judgment and decree dated 31-03-2008, the respondent No. 1 preferred to file her appeal before the Court of Learned District & Sessions Judge, Rawalpindi, which was entrusted to the Court of respondent No. 2/ Mr. Tanvir Mustafa Safwat, the Learned ADJ, Rawalpindi who vide order dated 24-12-2008 modified the judgment and decree dated 31-03-2008 and granted maintenance allowance @ Rs. 2000/- per month from March 2004 till the expiry of period of iddah keeping in view the present high rates of inflation and also granted the respondent No. 1 for recovery of possession of the house mentioned in the Nikahnama and also granted the respondent No. 1 for extra amount of Rs. 20,000/- besides the articles mentioned in EX-D2.

 

  1. That feeling aggrieved from the order dated 24-12-2008, instant writ petition is being filed before this Honorable Court inter alia on the following grounds:

GROUNDS

i. That the impugned judgment & decree dated 24-12-2008 is not maintainable in the eyes of law.

ii. the learned appellate court failed to evaluate and appreciate the evidence and pleadings of parties upon record in its true perspective.

iii. the impugned judgment & decree dated 24-12-2008 for maintenance allowance is too harsh, excessive, exorbitant, inflated, steep and over priced.

iv. That the impugned judgment & decree dated 24-12-2008 is result of misreading and non-reading of the record/pleadings.

v. That the Learned Appellate Court failed to appreciate the record of the parties in its true perspective.

vi. That the learned Appellate Court gave unnecessary weight-age to the respondent No. 1’s side while passing the impugned judgment and decree.

vii. That the impugned judgment & decree dated 24-12-2008 is just on presumptive nature and does not contain any legal wisdom.

viii. That the learned Appellate Court also failed to exercise the jurisdiction vested in it while awarding extra amount of Rs. 20,000/- as value of the dowry articles besides the list annexed as Ex-D2 because the respondent No. 1 miserably failed to produce the original list of dowry articles, which was also prepared at the time of filing of the suit.

ix. That it is also important to submit here that there is a glare contradiction in the statements of the respondent No. 1 and her father with regard to the preparation the list of dowry articles and their prices but this very important aspect was ignored by the Learned Appellate Court while passing the impugned judgment & decree dated 24-12-2008.

x. That the learned appellate court also gave un-necessary weight-age to the respondent No. 1 side while granting her the recovery of possession of a house mentioned in her Nikahnama, while the dower amount at the time of Nikah was fixed only Rs. 500/- which was paid at the spot while the respondent No. 1 later on with the connivance of her family members made forgery upon the Nikahnama and submitted the same before the Learned Trial Court and in this regard the Learned Trial Court also mentioned in the impugned order which is reproduced as under:

Onus to prove this issue was on the plaintiff but no concrete or solid proof has been submitted both in oral and documentary evidence. Furthermore, in column No. 17 of Ex-P1 house has been mentioned in blank ink viz a viz blue ink was used in rest of the Nikahnama along with jewelry and monthly maintenance of Rs. 1000/-, so this issue is decided against the plaintiff and in favor of the defendant and claim of the plaintiff to recover a house as part of dower is dismissed”.

 xi. That the petitioner has no other efficacious, alternative or speedy remedy is available except to invoke the constitutional jurisdiction of this Honorable Court.

PRAYER

Under the circumstances, it is most humbly prayed that by accepting the instant writ petition the impugned order dated 24-12-2008 passed by respondent No. 2 may kindly be set-aside and the judgment and decree passed by learned respondent No. 3 may please be restored, in the interest of justice.

Any other relief, which this Honorable Court may deem just and proper also be awarded.

Petitioner

Through:

 

(Muhammad Mateen)

Advocate High Court

CC No. _____________

CERTIFICATE: –

  1. Certificate that this petition has arisen from violation/ fulfillment of obligation under Article of 199 of the Constitution of Pakistan 1973 and that alternate remedy provided by law has been availed by the petitioner.
  2. As per instruction received, this is the first petition on the subject, which is ever filed before this Honorable Court.
  3. It is further certified that as per instruction received no case on the subject matter is pending or decided by the August Supreme Court of Pakistan.

Counsel

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

W.P. No. ______/2009

 In the matter of:

 

Muhammad Nazir                                                  …Petitioner

Versus

Mst. Shabana Riffat ETC                           …Respondents

AFFIDAVIT

That I, Muhammad Nazir son of Muhammad Sarwar r/o Mauza Gehl, P.O Maira Mohra, Tehsil and District Rawalpindi do hereby solemnly affirm and declare that the contents of the above writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verified that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

CM No. _________/2009

IN

W.P. No. ______/2009

In the matter of:

Muhammad Nazir                                        …Petitioner

Versus

Mst. Shabana Riffat ETC                           …Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

APPLICATION UNDER SECTION 151 OF THE CPC FOR THE GRANT OF STAY.

Respectfully Sheweth:

  1. That the applicant / Petitioner has filed the above captioned Writ Petition before this Honorable Court, the grounds taken in the writ petition may kindly be read as integral part of this application.

 

  1. That the applicant / Petitioner has got a good prima facie case and likely to succeed in it.

 

  1. That the balance of convenience also lies in favor of the applicant/Petitioner.

 

  1. That the applicant / Petitioner shall suffer irreparable loss, if the operation of the impugned order dated 24-12-2008 is not suspended during the pendency of the writ petition and the order passed by learned lower court is not restored.

PRAYER

It is humbly prayed that the instant application may kindly be accepted and interim relief to the effect that the operation of the impugned order dated 24-12-2008 may kindly be suspended till the pendency of the writ, in the interest of justice.

Petitioner

            Through

(Muhammad Mateen)

Advocate High Court

CC No. _____________

 

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

CM No. _________/2009

IN                               

W.P. No. ______/2009

In the matter of:

Muhammad Nazir                                      …Petitioner

Versus

Mst. Shabana Riffat ETC                             …Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

APPLICATION UNDER SECTION 151 OF THE CPC FOR THE GRANT OF STAY.

AFFIDAVIT

That I, Muhammad Nazir son of Muhammad Sarwar r/o Mauza Gehl, P.O Maira Mohra, Tehsil and District Rawalpindi do hereby solemnly affirm and declare that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verified that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

 

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

CM No. _________/2009

IN                               

W.P. No. ______/2009

In the matter of:

Muhammad Nazir                                                  …Petitioner

Versus

Mst. Shabana Riffat ETC                           …Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

APPLICATION FOR EXEMPTION OF CERTIFIED COPIES

Respectfully Sheweth:

  1. That the applicant has today filed the above titled writ petition before this Honorable Court and the contents of the same may kindly be read as integral part of this application.

 

  1. That the applicant has filed the un-attested copies of documents as the original are not available at the moment.

 

  1. That whenever the original documents would be available, same will be filed.

 

In the circumstances, it is therefore respectfully prayed that the filing of un-attested documents may kindly be dispensed-with, in the interest of Justice.

Petitioner

            Through

(Muhammad Mateen)

Advocate High Court

CC No. _____________

BEFORE THE LAHORE HIGH COURT, RAWALPINDI BENCH, RAWALPINDI

CM No. _________/2009

IN                               

W.P. No. ______/2009

In the matter of:

Muhammad Nazir                                                  …Petitioner

Versus

Mst. Shabana Riffat ETC                           …Respondents

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973

APPLICATION FOR EXEMPTION OF CERTIFIED COPIES

AFFIDAVIT

That I, Muhammad Nazir son of Muhammad Sarwar r/o Mauza Gehl, P.O Maira Mohra, Tehsil and District Rawalpindi do hereby solemnly affirm and declare that the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verified that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

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