HABEAS PETITION UNDER SECTION 491 CR.P.

C FOR RECOVERY OF
DETENUES before Sessions Judge (In Pakistan)
IN THE COURT OF SESSIONS JUDGE, RAWALPINDI

In the matter of:

Sultan Muhammad son of Sooba Khan, resident of House No. ZB-2, Street No.30, Alam Abad, Dhoke
Hassu, Rawalpindi.

Petitioner
VERSUS

1. Raja Muhammad Shabbir son of name not known to the petitioner.

2. Raja Shahzad Shabbir son of Raja Muhammad Shabbir.
3. Yasir Shabbir son of Raja Muhammad Shabbir.
4. Tazeema Shabbir wife of Raja Muhammad Shabbir.
All residents of Carriage Factory, House No.ZB-3G, Mohallah Rajgan, Dhoke Hassu, Rawalpindi.
5. S.H.O, P.S Gunjmandi, Rawalpindi.

Respondents

HABEAS PETITION UNDER SECTION 491 CR.P.C FOR RECOVERY OF DETENUES (1) RIZWANA BIBI
(2) ZOHAIB AGED ABOUT 4-YEARS FROM THE ILLEGAL, IMPROPER CONFINEMENT OF
RESPONDENTS NO.1 TO 4

Respectfully Sheweth!

1. Brief facts giving rise to the instant petition are that; the petitioner is unfortunate father of detenues
namely Rizwana Bibi and maternal grandfather of detenue No.2 Zobaib.
2. That the daughter of the petitioner was married with one Raja Shahzad Shabbir and out of the wedlock,
detenue No.2 was born but later on, Raja Shahzad Shabbir divorced the daughter of the petitioner and
after getting divorce, she started living in Dar-ul-Amaan along with her son / detenue No.2. She was living
in Dar-ul-Amaan since 21-07-09. (Copy of the application on behalf of detenue No.1 regarding sending to
Dar-ul-Amaan, Rawalpindi is attached herewith for the kind perusal by this Honourable Court.
3. That the petitioner used to pay visit to Dar-ul-Amaan and see his real daughter and maternal grandson
after 21-07-2009.
4. That previously, when the petitioner tried to see his real daughter in Dar-ul-Amaan, Rawalpindi, he was
shocked to know that someone has taken away the detenues and on the search of the petitioner, it
transpired that the ex-mother-in-law (respondent No.4) of the detenue No.1 trapped the detenues and
took them with her on 12-12-2009. (Copy of the application along with statements of the respondent No.4
and that of detenues are annexed herewith for the kind perusal by this Honourable Court)
5. That when the petitioner approached to the respondents No.1 & 4, they flatly denied to take the
dentenues back from the Dar-ul-Amaan and shown their unawareness about the missing of the detenues
from the Dar-ul-Amaan, Rawalpindi.
6. That since previously, the family intrigues prevailed between both the families, therefore, the petitioner
fairly believes and understands that the respondent No.4 managed to get the custody of the detenues and
after getting their custody, she has sent them to unknown place only to avoid the meeting of the petitioner
with them.
7. That the petitioner also apprehends that the respondents would cause severe damage to the persons
and properties of the detenues if they remained in illegal and improper custody of the respondents No.1 to
4 due to the previous enmity.
8. That the petitioner fairly believes that being the real father of detenue No.1 and maternal grandfather of
detenue No.2 has every right to see and keep their custody which is legal and proper.
9. That the petitioner also apprehends a danger to the persons and properties of the detenuues at the
hands of respondents No.1 to 4.
10. That the petitioner has time and again requested the respondents No.1 to 4 to send the detenues with
him but they flatly refused to accede the genuine request of the petitioner, hence this petition.
11. That the petitioner has no other alternate, efficacious, expeditious and less expensive remedy except to
invoke the jurisdiction of this Honourable Court, hence this petition.

PRAYER

It is therefore, most respectfully prayed that the instant petition may kindly be allowed and the detenues
may very graciously be recovered through appointment of bailiff with the help of respondent No.5 and the
bailiff be directed to produce the detenues before this August Court and after their production, their
persons may graciously be handed over to the petitioner which is in the best interest of the justice and for
that purpose, the petitioner is ready to pay the requisite bailiff fee as per direction of this August Court.
Any other relief which this Honourable Court deems fit and proper, also be awarded to the petitioner.

Petitioner
Through
COUNSE

Application Under Section 491 Cr.P.C

IN THE COURT OF DISTRICT & SESSION JUDGE
AT KARACHI WEST
Cr. Misc. Appl. No. Nil /11.

Mst. ABC .. APPLICANT

VERSUS

1. Syed AZHAR Ahmed

2. S.H.O.
P.S. Pak Colony
Karachi ... RESPONDENTS

Syed Muhammad Azeen Ahmed DETENUE

APPLICATION U/S 491 Cr.P.C

It is respectfully prayed on behalf of the applicant abovenamed that
this Honble Court may be pleased to direct the respondent No. 2 to recover the
detenue before this Honble Court on consideration of following facts and
grounds.

FACTS & GROUNDS

 The applicant above named respectfully submits as under:
1. That the applicant was married with respondent on 8th September 2003, and
rukhsati taken place on same date. (Copy of Nikahnama is attached herewith as
annexure A).

2. That after marriage one issue was born namely Syed Muhammad Azeen Ahmed
mentioned above. (Copy of Birth Certificate is attached herewith as
annexure B).

3. That on 10 th March2011, both the parties decided to leave each other and the
applicant divorced to the respondent on 26 th March 2011, and a Divorced Deed
draft by the respondent and sent to the respondent parents house which was
received by the respondent. (Copy of Divorced Deed is attached herewith as
annexure C).

4. That the respondent has divorced the applicant and now they have no
connection each other and the detenue was legally in custody of the
applicant/mother.

5. That on 26/03/2010 the respondent No.1 came at the house of the applicant and
forcibly, illegally, unlawfully, without due course of law snatched the custody of
minor from the applicant, and have put the detenue in habeas corps in their
house amounting to abduction and as such the detenue is liable to be discovered
from their illegal detention.

6. That the applicant is real mother of the detenue and is liable to file this Misc.
Application before this Honble Court.

7. That the detenue is minor and need love and care of his mother.

8. That the respondent No.1 who malafidely and due to ulterior motives kept the
custody of minor detenue and even not allowing the applicant to see the face of
the minor and due to reason the detenue is under acute tension and last her
peace of mind being away from her mother.

9. That as per credible information received by the applicant, the respondent No. 1
has not looking after being a father, and the applicant has great apprehension of
the bad health of the minor.

10. That the minor/ detenue has become miserable being away from his mother, the
applicant, as the respondent No. 1 not allowing to the applicant to visit/meet the
minor/detenue.
11. That the minor/detenue is being treated cruelly by the respondent No.1, the
respondent has demonstrating his negligence towards the food and other
necessities of life of minor/detenue.

12. That due to cruel and inhuman attitude of the respondent No.1 towards the
minor/detenue, there is a serious apprehension that the health, mental condition
and the future of minor/detenue shall be destroyed, if he is kept away from the
applicant and in the illegal and unlawful custody of the respondent No.1.

13. That further grounds shall be submitted at the time of hearing of this application.

PRAYER
It is respectfully prayed, on behalf of the applicant, above named,
that Honble Court may graciously be pleased to direct the respondent No.2 to
recover the detenue from wrongful private confinement of the respondent No. 1
and to produce the detenue before this Honble court and also take legal action
against the respondent No.1 who has illegally put the minor/detenue in his
wrongful private confinement amounting to abduction.
Prayer is made in the larger interest of justice.
Karachi.
Dated:
Applicant
Identified by me

S M ZUBAIR
(ADVOCATE)

VERIFICATION
I, Mst. ABC, Muslim, adult, R/o. of Karachi, do hereby verify and state on
oath that whatever stated above is true correct to the best my knowledge and belief.
Karachi.
Dated: ------/09/11.
Deponent/Applicant
The deponent identified by me

S M ZUBAIR
(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of _______
2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate
whom I know personally.
 The contents of the Plaint have been read over and explained
to the Deponent in Urdu too and she seems to be understood the same and set his/her
signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF DISTRICT & SESSION JUDGE

AT KARACHI WEST
Cr. Misc. Appl. No. Nil /11.

AFFIDAVIT IN SUPPORT OF APPLICATION

UNDER SECTION 491 Cr.PC

I, Mst. ABC, Muslim,adult, R/o. House No. C-161, Hasrat Mohani

Colony,Manghpir road, S.I.T.E. Town, Karachi, do hereby state on oath as under:
1. That I am APPLICANT in above titled suit and deponent of this affidavit, as such
am fully conversant with the facts of the matter deposed herein:

2. That the accompanying application APPLICATION UNDER SECTION 491 Cr.PC

for issuance of WRIT OF HABEAS CORPS has been drafted and filed under my
express instructions and contents whereof are true and correct and the same
alongwith contents of the memo of plaint may please be treated as part of this
affidavit for the sake of brevity.

3. That I say that I have a good prima facie case, and balance of convenience lies
in my favour and until and unless accompanying application is granted as prayed
I will be seriously prejudiced and shall suffer irreparable loss.

4. That I say that whatever stated above is true and correct to the best of my
knowledge and belief.

Karachi.
Dated: /03/2012.
 Deponent/Applicant
The deponent identified by me

(ADVOCATE)
Solemnly affirmed on oath before me at Karachi on this __ th day of
_______ 2012, by the deponent abovenamed who is identified by Mr. S M
ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS