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| Writ Petition Family (Right to Cross examine struck off) |
In the name of ALLAH, the most beneficent, the most
merciful
Format of Writ Petition Family (Right
to Cross examine struck off)
BEFORE THE
Writ petition No.
_________/2018
Farhan Yaseen son of Mehmood
Alam R/O House No. 1, Street No. 1, Mohallah Shah Chan Chirgah, Rawalpindi
…Petitioner
VERSUS
1.
Learned Judge Family Court,
2.
Rizwana Kausar daughter of Nabeel Butt
3.
Alveera minor daughter of Farhan Yaseen, through her
real mother, both residents of House No.
2, Street No. 2, Mohallah Shah Chan Chirgah,
…Respondents
WRIT PETITION UNDER ARTICLE 199 OF CONSTITUTION OF
ISLAMIC REPUBLIC OF PAKISTAN 1973 AGAINST
THE ORDER DATED 05-06-2018, WHEREBY
THE RIGHT OF DEFENSE OF THE PETITIONER TO CROSS EXAMINE ON THE PWS TO
THE EXTENT OF MAINTENANCE ALLOWANCE OF THE MINOR WAS STRUCK OFF AND SUIT OF THE
RESPONDENTS NO. 2 & 3 WAS FINALLY DECREED TO THE EXTENT OF RESPONDENT NO 3
(MINOR) WHILE AWARDING HER RS. 5,000/- PER MONTH AS MAINTENANCE ALLOWANCE
The Petitioner submits as under;
1.
That the respondent No. 2 & 3 filed a suit a suit for dissolution
of marriage, recovery of maintenance, gold ornaments and dowry articles against
the petitioner, in which, Mr. Umar Javed Virk, learned Judge Family Court
Rawalpindi passed an order dated 06-01-2018 and fixed interim maintenance
allowance for respondent No. 3 (minor) as Rs. 3,000/- per month
2.
That following the order dated
3.
That unfortunately, in the intervening
period, an accident of petitioner’s father happened, which resulted into severe
mental and monetary loss to the petitioner, therefore, it had become very hard for
the petitioner to pay the interim maintenance allowance as fixed by the trial
court. In this regard, the petitioner moved
an application before the learned trial court by mentioning the facts about his
father’s accident but instead of granting relaxation to the petitioner, the
learned trial court struck off the right of the petitioner to cross examine on PWs
to the extent of maintenance allowance of minor and suit was finally decreed to
the extent of minor while bounding the petitioner to pay to the minor Rs. 5,000/-
as monthly maintenance allowances, vide order dated 05-06-2018
4.
That feeling
aggrieved from the order dated
GROUNDS
a.
That following the order dated
b.
That the impugned order is illegal and
unlawful, has been passed in haphazard
manner.
c.
That the learned trial court ignored the
scenario and mishap of petitioner’s father’s accident and also ignored the
financial bar on the petitioner due to said incident.
d.
That the petitioner is an employee in
Garments Factory, whose monthly salary is only Rs. 12,000/-
5.
That the petitioner has no other alternate
remedy except to invoke the jurisdiction of this Honorualbe Court.
PRAYER:
Under the circumstances as stated above, it is humbly prayed that the impugned order
dated 15-12-2017 may kindly be set aside and remand the case to trial court
while granting opportunity to petitioner to cross examine on PWs, in the
interest of justice.
Any other
relief, which this Honourable Court deems fir and proper may also be granted to
the Petitioner in the interest of natural justice.
Petitioner
Through
Arslan Ali Bhatti
Advocate High Court
CERTIFICATE:-
It is certified that this is first writ
petition on the subject matter, as per
instruction received by my client / Petitioner.
Counsel.