appeal against he order ashraf masih 31.08.09

7/27/2019 Appeal Against He Order Ashraf Masih 31.08.09

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IN THE COURT OF DISTRCT JUDGE, LAHORE

Appeal No. ___________ 2009

Ashraf Masih S/o Rehmat Masih R/o House No. 530-H Farooqia Colony

Jahanzib Block Allama Iqbal Town, Lahore.

APPELANT

Vs

Nazia Bibi W/o Ashraf Masih R/o House No. 30 Najaf Colony Bhekewall, Lahore.

RESPONDENT

APPEAL AGAINST THE JUDJMENT DATED

24.11.2010 PASSED BY ZAFAR IQBAL GUARDIAN

JUDGE II LAHORE, UNDER SECTION 55 OF

CHRISTIAN DIVORCE ACT 1869 AND ALL

OTHER ENABLING SECTIONS .

Respectfully Sheweth:

1. That the brief facts and circumstances leading to the institution of the

present appeal are that the respondent failed s suit for recovery of

maintenance allowing in accordance with Christian divorce act 1869

against the appellant, in which an order was passed on 27.04.2009 inwhich the Honorable Court struck of the right of cross examination

while the present Appellant was already present in the Court without

any proof that evidence witness were present in the Court.

2. Later on a Judgment/Decree was passed on dated 12.05.09 illegally,

unlawful by using the power of Section17-A of Family Court act.

3. That order dated 27.04.2009 Judgment/Decree dated 12.05.09 are

illegal and against the law and facts of the case hence liable to setaside on the following


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GROUNDS

a) That on dated 27.04.2009 Appellant was present before the

Court of Muhammad Yaseen Mohal at that time no any witness

was present in the Court nor any attendance has been marked

on record after attendance the counsel of Appellant went to

other Courts in his Course of work an emergency call come to

him that his father is seriously ill, after that call Counsel of

Appellant reached back to his home whereas the appellant also

tell the Court that his Counsel is not available because of

emergency. But the Court did not bother and passed the order

dated 27.04.2009

b) That the appellants Counsels father is died after few weeks of

this mater because of this kind of condition appellants Counsel

remain up set and did not handle the case properly.

c) That keeping in view the rule of Natural Justice and equity

Appellant must be given an opportunity to cross examine the

witnesses and produce his own evidence that justice could be

taken in accordance with law not as a punishment.

d) That the present case was filed for the Recovery of

Maintenance of her own and minor children under the

provisions of Christian divorce act 1869, where as the dession,

Judgment/Decree dated 12.05.09 has been passed under family

court act. Which is unsustainable in the eye of law.

e) That while passing the impugned Judgment dated 12.05.09

learned trial court failed to apply his mind about the provisions

of Christian divorce act 1869 which is clear about that only the

provisions of C.P.C shell apply.

f) That bear reading of the Judgment and Decree passed by the

trial Court show that it was passed on presumptions without

keeping in view the provisions of Christian divorce act 1869

which is clear about its every aspect.

g) That the learned Judge Family Court has acted in hasted and

passed the Judgment in away of punishment.

h) That the present Judgment decree dated 12.05.09 is passed by

lending the powers of Sec 17/A of Family Court act where as

the present case was filed under Christian divorce act 1869

while Sec 45 direct the Court that only the provision of civil

procedure code shall apply or all the proceedings under this act

between party and party shall be reagulated by the code of civil

procedure. So why the learned Court lended the power of Sec

17/A of Family Court act where as the procedure is already

directed by the Christian divorce act 1869 which made the


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impunged Judgment Decree dated 12.05.09 null and void in the

eye of law.

i) That there is no such provision existed in Civil procedure code

where non compliance of interim order a decree can be passed

which made the order Judgment dated 12.05.09 null and void in

eye of law.

j) That the learned trial Court has failed to consider even the

written statement and living standard of the appellant and

passed Judgment Decree the as a punishment without

considering the provision of Christian divorce act 1869. If the

order dated 12.05.09 is not declared null and void illegal and

unlawful the appellant shall suffer irreparable lass and injury.

Which is against Natural Justice and equity.

Prayer

Under the above mentioned facts law

and circumstance it is there fore most

respectfully prayed that the impunged

order dated 27.04.09 and Judgment

decree dated 12.05.09 may kindly be

set side and declared null and void in

the in trust of justice and equity.

Any other relief which the Honorable

appellant is entitled may also be

granted to the appellant in the larger

intrest of Justice and equality.

APPELANTThrough

Muhammad Kamran Siddiquei

Advocate High Court

Zahid Law Associates

2nd Floor Nawa-I-Waqt Building

Shahra-e- Fatima Jinnah Lahore

VerificationVerified on oath at Lahore on this __ day of September 2009that the contents of the above affidavit are correct and true

to the best of my knowledge and nothing has been concealed

there form

RESPONDENT

appeal against he order ashraf masih 31.08.09

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