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    Appeal Against He Order Ashraf Masih 31.08.09

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    This document is an appeal filed in the Court of District Judge Lahore by Ashraf Masih against a judgment granted by the Guardian Judge Lahore in favor of Nazia Bibi. Ashraf Masih argues that the judgment of May 12, 2009 is illegal and against the law and facts of the case for several reasons. He claims his right of cross-examination was denied, his counsel was unable to properly handle the case due to a family emergency, and the case was improperly decided under the Family Court Act instead of the Christian Divorce Act of 1869. Ashraf Masih requests that the order of April 27, 2009 and judgment of May 12, 2009 be set aside as null and void, in the

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    Appeal Against He Order Ashraf Masih 31.08.09

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    hearthacker_302
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    This document is an appeal filed in the Court of District Judge Lahore by Ashraf Masih against a judgment granted by the Guardian Judge Lahore in favor of Nazia Bibi. Ashraf Masih argues that the judgment of May 12, 2009 is illegal and against the law and facts of the case for several reasons. He claims his right of cross-examination was denied, his counsel was unable to properly handle the case due to a family emergency, and the case was improperly decided under the Family Court Act instead of the Christian Divorce Act of 1869. Ashraf Masih requests that the order of April 27, 2009 and judgment of May 12, 2009 be set aside as null and void, in the

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    Appeal Against He Order Ashraf Masih 31.08.09

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    This document is an appeal filed in the Court of District Judge Lahore by Ashraf Masih against a judgment granted by the Guardian Judge Lahore in favor of Nazia Bibi. Ashraf Masih argues that the judgment of May 12, 2009 is illegal and against the law and facts of the case for several reasons. He claims his right of cross-examination was denied, his counsel was unable to properly handle the case due to a family emergency, and the case was improperly decided under the Family Court Act instead of the Christian Divorce Act of 1869. Ashraf Masih requests that the order of April 27, 2009 and judgment of May 12, 2009 be set aside as null and void, in the

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    151 views3 pages

    Appeal Against He Order Ashraf Masih 31.08.09

    Uploaded by

    hearthacker_302
    This document is an appeal filed in the Court of District Judge Lahore by Ashraf Masih against a judgment granted by the Guardian Judge Lahore in favor of Nazia Bibi. Ashraf Masih argues that the judgment of May 12, 2009 is illegal and against the law and facts of the case for several reasons. He claims his right of cross-examination was denied, his counsel was unable to properly handle the case due to a family emergency, and the case was improperly decided under the Family Court Act instead of the Christian Divorce Act of 1869. Ashraf Masih requests that the order of April 27, 2009 and judgment of May 12, 2009 be set aside as null and void, in the

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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 in which 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 set aside on the following

    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

    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.
    APPELANT

    Through
    Muhammad Kamran Siddiquei Advocate High Court Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

    Verification
    Verified on oath at Lahore on this __ day of September 2009 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form

    RESPONDENT

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