 |
| Family-Appeal u/s 14 of the Family Court Act, 1964 |
Purpose: To challenge impugned consolidated judgment and decree of learned family - court before the appellate-court.
BEFORE
THE COURT OF DISTRICT decide, (NAME-OF- DISTRICT)
In the matter of:
(Name, parentage, and address of the appellant) …..Appellant
Versus
(Name, parentage, and address of the respondent/s, if the
minors are parties/plaintiffs within the family suit, then the minors should be
impleaded as respondents)
….Respondents
FAMILY-APPEAL U/S 14 OF THE FAMILY COURT ACT, 1964 AGAINST
THE CONSOLIDATED JUDGMENT AND DECREE DATED 25th Nov 2020 PASSED BY
THE HON’BLE FAMILY COURT, WHEREBY THE LEARNED FAMILY COURT DECREED THE SUITS OF
THE RESPONDENT AND DISMISSED THE CUSTODY PETITION OF THE APPELLANT
Respectfully Sheweth:-
Brief facts giving to the establishment of the instant appeal as under:-
That respondent No. a pair of is minor is implead in the
instant appeal through his real mother i.e. respondent No. 1.
Respondent No. one filed a suit for recovery of dower
quantity of Rs.500,000/- mentioned in column No. thirteen of Niakahnama,
recovery of gold ornaments deliberation ten tolas or various its gift market
price and recovery of plot measurement five marlas as mentioned in column No.
sixteen of Nikahnama and conjointly filed another suit for recovery of
maintenance allowance @ Rs.20,000/- per month for every litigant since 25th
Feb 2016 in conjunction with a 20 percent annual increase against the current
appellant/defendant. The appellant contested the suit while submitting his
written statement and conjointly filed a petition U/S 25/twenty-five of the Guardian
and Wards Act concerning the custody of minor /respondent No. against respondent
No. 1.
That thenceforth, the aforementioned suits and petition
were consolidated by the learned trial court, and therefore the consolidated
problems were framed by the learned trial court and when recording the proof of
each the parties ordained the suit of respondents and pink-slipped the petition
of appellant vide consolidated judgment and decree dated 25th Nov,
2020, thus this Family-Appeal u/s 14 of the Family court Act, 1964 against a
consolidated judgment and decree of Family Court inter alia on the
following:-
G R O U
N D S
That the appellant produced genuine copies of Nikahnama as
Exhibit-D3 however the learned court while not consider Exhibit. D3 passed the
impugned judgment and decree dated 25th Nov, 2020. it's pertinent to
say here that the dower was mounted as Rs.500,000/- and therefore the appellant
paid the dower quantity within the form of gold ornaments weighing ten tolas
that were at the start denied by respondent No. one however throughout the cross-examination,
she admitted that four tolas gold ornaments got to her at the time of the wedding,
that clearly shows that the respondent /plaintiff with malafide intention and
ulterior motives tried to hide this truth concerning the payment of the dower
in form of gold ornaments from the learned tribunal, thus the suit to the
extent of dower quantity is at risk of be pink-slipped.
That it's conjointly necessary to say here that as per
Nikahnama Exhibit. P2 and Exhibit. D3, the dower quantity is Rs.500,000/- and
from column No. thirteen to seventeen of Nikahnama, the appellant is at risk of
paying solely Rs.500,000/- as dower and different gold ornaments and the plot are
adjustable within the aforementioned dower quantity, and during this regard,
the appellant paid in form of gold ornaments deliberation ten tolas to the
respondent No. 1.
That the learned tribunal ordained the suit of maintenance
allowance @ Rs.7000/- per month with 100 percent annual increase from 25th
Feb 2016 until end of Iddat amount of respondent No. one while not considering
financial gain of the appellant moreover as different liabilities of the
appellant. Moreover, the learned court while not deciding the precise date of
desertion and passed the impugned judgment and decree.
That the learned court ordained the suit of maintenance
allowance @ Rs.6000/- per month with 100 percent annual increase to the extent
of respondent No.2 from his birth until his legal title, while not considering
financial gain of the appellant moreover as different liabilities of the
appellant. moreover, the learned tribunal miserably didn't appreciate the
documentary proof created by the appellant concerning the treatment of the minor
when birth whereas he was residing with the appellant.
That whereas deciding the petition U/S 25 of Guardian and
Wards Act, the learned trial /guardian tribunal didn't appreciate the medical
reports especially Exhibit. D-12 of respondent No. one concerning the mental
illness and passed the impugned judgment and decree whereas dismissing the
petition of the appellant in a fanciful manner.
That the impugned consolidated judgment & decree dated
25th Nov 2020 is against the law and facts of the case.
That the impugned consolidated judgment and decree dated 25th
Nov 2020 is the result of non-reading and misinterpretation of the facts on the
file.
That the finding of the learned court is against facts
moreover as results of haphazard and hasty manner.
That the impugned consolidated judgment and decree is
otherwise incorrect and not sustainable in the eye of law. The learned trial
court has not exercised the jurisdiction, which is so vested to it.
That the precious rights of the appellant is concerned and
if the impugned consolidated judgment and decree dated 25th Nov 2020 isn't put aside, the appellant shall
suffer irreparable loss.
PRAYER
In view of the above circumstances, it is, most with all
respect prayed that while accepting the appeal of the appellant impugned
consolidated judgment and decree dated 25th Nov 2020 passed by the family
court No.VII, could kindly be put aside and suits of respondents could kindly
be dismissed whereas permitting the petition U/S 25 of Guardian and Wards Act
in favour of the appellant, to fulfill the ends of justice.
Any other relief that this Hon’ble court deems simply and
correct can also be awarded.
Appellant Through Counsel
Dated: yuletide
Certificate:-
Certified as per instructions furnished by
the appellant this is the first appeal on the subject ever moved before this
Hon’ble Court.
No other
petition, revision, or application on the subject is pending in any court of
law up till the Supreme Court of Pakistan.
…Counsel
Note:
To enclose an application for suspension of execution proceedings.
To file the appeal within a specific time period.
The copies of the judgment and decree of family court
with grounds of family suit and written statement.
All relevant documents are necessary to be attached to
the family appeal.
0 Comments