Allowing this petition, judgment of both the courts bellow be set aside and suit of the plaintiffs be dismissed throughout

BEFORE THE PESHAWAR HIGH COURT,

(CITY) BENCH.

W.P.No.                     /2018

Party Name with address ……………………………………………PETITIONER

V E R S U S

      Party Name with address ….……………...…………RESPONDENTS

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, AGAINST THE JUDGMENT DATED () PASSED BY THE COURT OF ()(). IN APPEAL NO () OF (), WHEREBY JUDGMENT DATED  () PASSED BY THE LEARNED CIVIL JUDGE/JUDGE FAMILY COURT-II GHAZI IN FAMILY SUIT NO () OF () IS MAINTAINED AND CONFIRMED WITH SLIGHT MODIFICATION.

PRAYER:-  

Allowing this petition, judgment of both the courts bellow be set aside and suit of the plaintiffs be dismissed throughout.

Respectfully Sheweth

  1. That, defendant, herein petitioner was interlocked with plaintiff No; () herein respondent No () some () years back and plaintiff/respondent No () is the offspring of said matrimonial bond.
  2. That, for one reason or the other matrimonial type could not sustain long and resulted in divorce a tragic and unfortunate end of the a climax. As such respondent /plaintiff No () claimed her maintenance, dowery articles , Mehr and maintenance of the minor-respondent No II as well plaint is   ………….……………………………………..Annexure “A”
  3. That, petitioner/defendant contested the suit hot and hard, when resisted the suit submitted written statement, wherein he raised so may factual and legal objections, Copy is.………………..Annexure “B”
  4. That, learned trial court visualized, as many as ()issues, Copy is……………………………Annexure “C”
  5. That, both the parties to the lis, on their terms led oral and documentary evidence of their choice when they were saddled with ample and generous opportunities. Copies are…………..Annexure “D&E”
  6. That upon the critical analyses of such recorded evidence the learned trial court, decided the suit in the terms of the judgment. Copy is…..Annexure “F”
  7.  That, on appeal from such decree, the learned appellate court, maintained the judgment of the trial court but with slight modification, hence this petition. Copies……………………………………Annexure “G&H”

          GROUNDS:-

Petitioner, therefore aggrieved and interested person, having no other adequate, efficacious remedy for the redressal of his duress is constrained to envoke the jurisdiction of this honourable court, mainly on the following legal points. 

May it please your good self to make following submission and on the following main factual and legal points.

It is therefore humbly requested that the instant writ petition be accepted and respondents No.() & () to the petitioner and any other remedy for the welfare of respondents No. () & () in the favor of petitioner.

  1. That, both the learned courts bellow, have passed judgments against law, against facts, born on record and evidence recorded in the case, hence, not tenable.
    1. That, learned courts bellow have neither, read nor understood the evidence in its true perspective.   
    1. That, learned courts bellow have committed the legal mistake of misreading and non-reading of the evidence.
    1. That, learned courts bellow have failed to substantiate their funding’s with judicial reasoning, logic and rationale.
    1. That, both the courts bellow, have not followed the wisdom reflected in the dictums of superior courts.     
    1. That, admission of Jirga proceedings and the resolution of contentious issue by the Jirga, U-turn thereof and non-appraisal thereof upon the part of the court are the moot question, this honourable court will, address to itself.
    1. That, petitioner craves leave of this honourable court to amend, augment, supplement as to take additional new plea, during the course of hearing at the stage of arguments. 

INTERIM RELIEF   

Execution petition if any be kept pending till disposal of this petition.

            PETITIONER   

                                                                                    Through:          

Dated:-_______/2018                                                   (Advocate Name)

                                          (Court Name),

               City Name.

                                                                VERIFICATION:-

Verified that the contents of the instant Writ Petition are true and correct to the best of my knowledge and belief and that nothing has been concealed from this Hon’ble Court.

Dated:-________/2018                                                                                      …PETITIONER

BEFORE THE PESHAWAR HIGH COURT,

CITY BENCH.

W.P.No.                     /2018

Party Name with address ……………………………………………PETITIONER

V E R S U S

      Party Name with address. …………………….…………RESPONDENTS

WRIT  PETITION

   AFFIDAVIT

Name  S/o () R/o () Tehsil () District (). petitioner, do hereby solemnly affirm and declare on Oath that the contents of instant Writ Petition are true and correct to the best of my knowledge and belief and that nothing has been concealed from this Hon’ble Court.       

D E P O N E N T

IDENTIFIED BY:-

(Advocate Name)

Court Name,

  Abbottabad.

BEFORE THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH.

W.P.No.                     /2018

Party Name with address ……………………………………………PETITIONER

V E R S U S

      Party Name with address …………...…………………RESPONDENTS

WRIT  PETITION

CERTIFICATE

Certified that no such like Writ Petition has earlier been filed before this Hon’ble Court.

             PETITIONER   

            Through:

Dated:-________/2018                                                       (Advocate Name )

                                      (Court Name)

               City Name

BEFORE THE PESHAWAR HIGH COURT,

CITY BENCH.

W.P.No.                     /2018

Party Name with address ……………………………………………PETITIONER

V E R S U S

      Party Name with address ……………...…………..……RESPONDENTS

WRIT  PETITION

   ADDRESSES OF THE PARTIES

Respectfully Sheweth;

                     The addresses of the parties are as under;

Party Name with address ……………………………………………PETITIONER

      Party Name with address ….……………...…………RESPONDENTS

               PETITIONER   

                        Through:

Dated:-________/2018                                                       (Advocate Name)

                                       (Court Name)

              City Name

BEFORE THE PESHAWAR HIGH COURT,

ABBOTTABAD BENCH.

W.P.No.                     /2018

Party Name with address ……………………………………………PETITIONER

V E R S U S

     Party Name with address.……………...…………..……RESPONDENTS

WRIT  PETITION

LIST OF BOOKS

  1. The Constitution of Islamic Republic of Pakistan, 1973.
  2. __________________________________________
  3. __________________________________________
  4. Other case law related books will be cited at the Bar.

               PETITIONER   

                        Through:

Dated:-________/2018                                                       (Advocate Name)

                                       (Court Name)

                                                                                                      City Name

OFFICE OF ADVOCATE NAME

Advocate High Court, City Name ,

To

      Party Name with address …………...…………RESPONDENTS

Subject:      NOTICE OF FILING OF WRIT PETITION.

                        On the advice of my client S/o R/o
Tehsil District, a writ petition is being filed before the Honourable Peshawar High Court, City Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

Dated:-________/2018                                                       (Advocate Name)

                                       (Court Name)

                                                                                                      City Name

Author: admin