IN THE COURT OF VIth EXTRA JOINT CIVIL AND FAMILY JUDGE
HYDERABAD.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano. …………… PLAINTIFF
VERSUS Muneer Ahmed. ………….. DEFENDANT.
HYDERABAD.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano. …………… PLAINTIFF
VERSUS Muneer Ahmed. ………….. DEFENDANT.
APPLICATION U/S 9(6) OF FAMILY COURT ACT 1964
It is respectfully prayed on behalf of the defendant that
this Honourable Court may be pleased to set aside the exparte judgement and decree dated 28.3.2003 passed by this Honourable Court in absence of the defendant, on the consideration of the facts and grounds disclosed in the accompanying affidavit.
This prayer is made in the interest of justice. HYDERABAD SINDH. ADVOCATE
DATED -4-2003. FOR THE DEFENDANT
this Honourable Court may be pleased to set aside the exparte judgement and decree dated 28.3.2003 passed by this Honourable Court in absence of the defendant, on the consideration of the facts and grounds disclosed in the accompanying affidavit.
This prayer is made in the interest of justice. HYDERABAD SINDH. ADVOCATE
DATED -4-2003. FOR THE DEFENDANT
For immediate use IN THE COURT OF VIth EXTRA JOINT CIVIL AND FAMILY JUDGE HYDERABAD.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano. …………… PLAINTIFF
VERSUS Muneer Ahmed. ………….. DEFENDANT.
Family Suit No. 49 of 2002.
Mst.Bilquees Bano. …………… PLAINTIFF
VERSUS Muneer Ahmed. ………….. DEFENDANT.
AFFIDAVIT
I, Muneer Ahmed S/O Din Muhammad, adult, Muslim, by caste Meo Rajput, R/O House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, at present at Hyderabad, do hereby state on oath as under:-
1. That I am defendant in the above matter hence well conversant with the facts of the case.
2. That the accompanying application U/S 9(6) of Family Court Act, 1964 has been drafted and moved under my instructions, contents of which are true and correct and may be treated as part and parcel of this affidavit.
3. That I have not been served in the above suit and I was totally unaware about the pendency of the above suit and passing of the exparte judgement and decree passed on 28.3.2003.
4. That about one week back I came to know from my father-in-law Nasiruddin that my wife had filed a Family Suit for
I, Muneer Ahmed S/O Din Muhammad, adult, Muslim, by caste Meo Rajput, R/O House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, at present at Hyderabad, do hereby state on oath as under:-
1. That I am defendant in the above matter hence well conversant with the facts of the case.
2. That the accompanying application U/S 9(6) of Family Court Act, 1964 has been drafted and moved under my instructions, contents of which are true and correct and may be treated as part and parcel of this affidavit.
3. That I have not been served in the above suit and I was totally unaware about the pendency of the above suit and passing of the exparte judgement and decree passed on 28.3.2003.
4. That about one week back I came to know from my father-in-law Nasiruddin that my wife had filed a Family Suit for
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dissolution of marriage and same was decreed in her favour on 28.3.2003.
5. That as soon as I came to know about the passing of the exparte judgement and decree against me I came at Hyderabad and approached to this Honourable Court and came to know that such decree has been passed.
6. That my wife Mst.Bilquees Bano has obtained this decree through misrepresentation and fraud as Mst.Bilquees Bano is not residing on the address given in her plaint as well as she has given my wrong address in her suit.
7. That I am residing in House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, while in her plaint she has given my address as Resident of House No.40, Gali No.10, Housing Society, Sector-I, Naval Colony, Hub Road, Karachi, intentionally and willfully.
8. That my wife knew my correct and true address as she resided with me at Karachi and her name as well as my name appear in the Voter List, in which address of Mst.Bilquees Bano W/O Munir Ahmed is shown as Resident of House No.20, Gali No.C/4-1, Tehsil and District Karachi West, @ Sr.No.124 of the Voter List and my name is also given in the Voter List on Sr.No.112 in which also the above address is shown.
9. That I am illiterate person I am unable to read any newspaper therefore I was totally unaware about the publication of notice in newspaper. Had I come to know about the pendency of the above family suit through process of this Honourable Court or
dissolution of marriage and same was decreed in her favour on 28.3.2003.
5. That as soon as I came to know about the passing of the exparte judgement and decree against me I came at Hyderabad and approached to this Honourable Court and came to know that such decree has been passed.
6. That my wife Mst.Bilquees Bano has obtained this decree through misrepresentation and fraud as Mst.Bilquees Bano is not residing on the address given in her plaint as well as she has given my wrong address in her suit.
7. That I am residing in House No.20, Street No.C/4-1, Housing Society Sector I, Naval Colony, Hab Road, Tehsil and District Karachi West, while in her plaint she has given my address as Resident of House No.40, Gali No.10, Housing Society, Sector-I, Naval Colony, Hub Road, Karachi, intentionally and willfully.
8. That my wife knew my correct and true address as she resided with me at Karachi and her name as well as my name appear in the Voter List, in which address of Mst.Bilquees Bano W/O Munir Ahmed is shown as Resident of House No.20, Gali No.C/4-1, Tehsil and District Karachi West, @ Sr.No.124 of the Voter List and my name is also given in the Voter List on Sr.No.112 in which also the above address is shown.
9. That I am illiterate person I am unable to read any newspaper therefore I was totally unaware about the publication of notice in newspaper. Had I come to know about the pendency of the above family suit through process of this Honourable Court or
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in newspaper I would have certainly appear in this Honourable Court to defend the case.
10. That since the plaintiff has not come with clean hands in this Honourable Court and has given false and fictitious address of me so that I may not defend the case in this Honourable Court.
11. That if the above exparte judgement and decree are not set aside I will suffer irreparable loss and legal injury and my minor children will also suffer irreparable loss and injury.
12. That it is also settled law that cases should be decided on merits and not on technicalities.
That whatever stated above is true and correct to the best of my knowledge and belief.
HYDERABAD DEPONENT DATED -4-2003.
The deponent is known to me and is identified by me to the Commissioner for taking affidavit.
ADVOCATE
Solemnly affirmed on oath this ___ day of April 2003, by the deponent above named who has been identified by Mr.Ghulam Qadir H.Siyal Advocate to whom I know personally. COMMISSIONER FOR TAKING AFFIDAVIT
The contents of this affidavit were truly, audibly and legibly explained to the deponent in his mother tongue who appears to have understood the same perfectly and signed in my presence. COMMISSIONER FOR TAKING AFFIDAVIT
in newspaper I would have certainly appear in this Honourable Court to defend the case.
10. That since the plaintiff has not come with clean hands in this Honourable Court and has given false and fictitious address of me so that I may not defend the case in this Honourable Court.
11. That if the above exparte judgement and decree are not set aside I will suffer irreparable loss and legal injury and my minor children will also suffer irreparable loss and injury.
12. That it is also settled law that cases should be decided on merits and not on technicalities.
That whatever stated above is true and correct to the best of my knowledge and belief.
HYDERABAD DEPONENT DATED -4-2003.
The deponent is known to me and is identified by me to the Commissioner for taking affidavit.
ADVOCATE
Solemnly affirmed on oath this ___ day of April 2003, by the deponent above named who has been identified by Mr.Ghulam Qadir H.Siyal Advocate to whom I know personally. COMMISSIONER FOR TAKING AFFIDAVIT
The contents of this affidavit were truly, audibly and legibly explained to the deponent in his mother tongue who appears to have understood the same perfectly and signed in my presence. COMMISSIONER FOR TAKING AFFIDAVIT
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