Legal Question in Family Law in Pakistan

Baseless & Cruel Allegations against Me in High Court Lahore

mst Vs SHO Town & etc. Case Number:

I belong to very honorable and educated family. I got Master Degree in Business Education from University Of The Punjab Lahore and about Ten Years I worked in highly reputed Oil Marketing Company Shell Pakistan Limited as a Manager Field Operations.

Currently I am working with a China based Company at Pakistan as a senior Manager International Trade.

I got first Marriage in 1994 at Lahore. Unfortunately from this wife there was no baby. For the desire of child my Family pushed me for second marriage. After lot of discussion and arguments, my ex-wife warned me if you are going for second marriage you have to divorce her first.

In short with the consent of both families� elders I divorced her in June 2005.One of my friend (close relative of my current wife) who was working with me told me a Rishta in the Wasanpura Shadbagh area of Lahore. He told me Lady is divorced by her cushion but never informed me that she has minor girl from her previous husband. The reasons for divorce were unknown to him.

Finally in the month of October 2010, elders of the both families agreed on weeding terms and conditions. My current wife�s father was not alive and younger brothers were not in a positions to bear the expanses of weeding, so they asked me to bear all expanses of the weeding. In this regard I agreed to pay all expanses in advance and I paid in advance with dower amount. On 31st December 2005 I got married with this divorce woman. At the time of Nakkha I was intimated by mother in Law that my daughter has a minor girl from her previous husband. This was shocking news for me at that time. It is also mentionable that there was nothing with my wife in dowry. There were only four pairs of clothes in suitcase those were purchased by my advance money. I purchased all households through my own pocket like Refrigerator, Air conditioner, washing machine, cooking range, micro wave oven, furniture and etc.

At first night I humbly argued with my wife about the minor girl issue and promised I will cover this matter in my family and also take oath that I will treat this innocent girl like a my own daughter. (The motive which urged me was that I have nine sisters in my house).

Just before of this marriage I hired a 14-Marla house on rent at -Lahore, same address where I am living to date.

On weeding day any relatives of my wife did not give her even a single penny in Salami. On that day night there was only 10 rupees note in her bag. On the next day I went to bazaar and bought clothes and feeders for the minor girl.

After six months my wife argued me that she will be thankful if I move her mother�s family from such a poor locality to AAAA Town. May change of environments will create better opportunity for her family. I agreed (this was my first mistake) and located/searched a 05 Marla house on rent just a walking distance from my house and shifted all family members from �.. to �.town. It will be note able worth that I paid advance for this house from my own pocket.

After passage of some time I noted, all family members of my in-laws daily visits my home while I left my home for office and on just before my return all of them moved to their own home. I tolerated this situation for a long time to save my family life. Number of time I tried to explain my wife that this is not proper and right way and I could not bear financial burden of her family.

When I provoked the circumstances I perceived that this situation can be controlled through getting employments for my brothers in law. But all of them were semi-educated and Un-Skilled. I continued struggled and at last I got jobs for two brothers at B. Express Lahore.

The Younger one (a) who was under Middle & jobless for a long time, I hired his services for my company@ Rs.7000 per month. After some time I got a chance through one of my friend and send him in Denmark. Now he is the main bone of contention for me in this family dispute.

In the mean time God gifted me a son (Ali) I was happy and argued myself that now she will care her family and her home but unfortunately I could not improved the situation.

I started deeply investigating my family matters I was shocked that my in-laws were moving every precious item from my home to their residence, even daily consumable items like Toilet soap, washing Powder, cooking oil and etc.

As a precautions I restricted my in- Laws family member to not visit my house in my absence. This was turning point in my family life. In reaction my wife and her family starts to create baseless allegations on me. Suddenly on 08th December 2009 she left my home by leaving my minor child to the hands of my younger brother�s wife and went to her mother home. At evening when I return back from office I went to my in-Laws house with my younger brother and his wife. She gathered her family members and announced that she will never rejoin her husband by claiming that about 08 months ago you have sex with my minor girl (she told me that her mother was the direct witness of this incident) in her words she (mother) was in our (husband) house at that night and the minor girl was also sleeping with her (my wife�s mother). At night about 3.00 O� clocks when she (my wife�s mother) was in bath room you have intercourse with my minor girl? What a stupid story? This is also mentionable that my wife was also sleeping with me in my bed room.

There are number of questions like:

On that night I was waiting (3 O� Clock night) that she (my wife�s mother) will go in toilet and I will avail this opportunity?

It�s also considerable that a man whose age is about 47 years why choose a minor girl (age 4.5 Years) for sex, on other hand wife is also on his (husband) bed & available for sex.

I asked her why not she shouted at that time.

And why she kept silence for such a long time?

Why not she discussed with her other family members?

What are the reasons she has not enter any FIR against me in the Police Station?

Why not she done her minor girl medical?

Unfortunately she forgotten that she has celebrated her minor girl 05th birthday at my house in August-2009 and she claimed the incident (intercourse with minor girl) was occurred in May-2009.I have snaps of this Birth Day Event which was celebrated in my house. Now a question is how a mother can celebrate Birthday of her child in a father house in such conditions?

But she continually shouting on me you have raped my minor girl I will never rejoin you in future. She shouted for divorce again and again on that day.

After couple of days my friend who was the source and arranger of this marriage enters in the scene and tried to settle this situation. Through his continue efforts on 14 December 2010, both parties reached on an agreement, that she will remain with her mother house for 07 years and child will accompanied her in the same house and also declared in the stamp paper all allegations she put against me were baseless, false and there is no worth of these allegations. I agreed for the welfare of my minor child. She also agreed with me that whenever I desire, can meet my child. After a week my Brother in Law (S) called me from Denmark and order me, you can meet the child only on Saturday and Sunday. I again agreed on this. Very next week he called me from Denmark you can meet the child only on Sunday and you have to pay the expanses of the child also.

I agreed to pay monthly 3000 Pak rupees for the expanses of my child. I had paid on spot to my Brother in Law Mr. �.. After this my brother in-Law A (From Denmark) started telephonic calls in my office demanding (in very worst language) to divorce his sister. And he also made number of calls to my close friends and told them about this factious story that Mr.A.W has raped my sister�s minor daughter. All of my friends do not turn on their ears on this story because they know me very well. What a character type man I am.

On 11th January 2010 my son Ali was very serious ill .She brought my son to my home and sharply shouted that she have no money and could not see the doctor. I immediately took the child to my child (Child Specialist). The child was in worst condition. He was facing sever cough and his body temperature was about 104 Degree. Minor Child recovered in three days.

She remained in my house with her child for 04 days. On 15th January 2010 morning while I was in my office, she told my younger brother�s wife that her mother is not well and she is going to visit her. My Younger brother called me I understood that she will return on very next day, reason was that she did not accompany the child to her mother house.

After this my all possible efforts gone vain and I could not succeed to return her back to my home. All my sisters, my brothers, my mother and friends tried to their best but their efforts always resulted fruitless. She always shouted that she hate her husband. He has raped her minor girl. He is defaulter of the people, He beaten me and etc.

By facing the Ground Reality of the situation I prepared myself and called my mother from Chakwal to join me in order to bring up the minor child and I also hired Aya for my child. This was very difficult period in my life; I have to care my innocent child. I can claim that I play double role (mother and father) for my child in these 09 months.

In the Start of April -2010 my brother of Law from Denmark (Mr. Muhammad Saleem) threatens me that he will kill me through target killers If not return the child to his mother. I immediately contacted Danish and Swedish authorities through email and informed them about the murder threats. In response first they located and contacted him and warned him to stop threatening on phone in future.

With the arguments of my relatives I enter an application in the Honorable Guardian Court Lahore Under section 25 Guardian and Ward act 1890, on 17th April 2010. The Honorable Judge granted me stay through following the legal procedure.

On 09th June 2010 I also started schooling of my Child (aged about two years) at very excellent and famous child development Center the Early Years by paying Rs.9, 500 per month and security about Rs.10, 000. And now he is regularly joining the center to date.

Suddenly on 2nd July 2010 two policeman from Johar Town police station knocked at my home and asked me to sign on the summon paper which was from the Honorable District and Session Judge Lahore. And in summons I was bounded to appear before the court of Honorable District and Session Judge Lahore along with minor child Ali Wahab. That was an Hebious Petition 491-A.In this petition my wife claimed child was living with her in her mother�s house, on 21st June 2010, Mr. Abdul Wahab (my husband) entered in my parents� house with some friends and forcefully snatched her minor child (Ali Wahab) from her custody. She has never attached any police report with her petition.

On 6th July 2010 I appeared in the Honorable Court of District &Session Judge Lahore along with my minor child. Honorable District & Session Judge dismissed her application after hearing the both parties on the ground that the case is already pending in Guardian and Ward Court Lahore

Then again she Kept silenced for 74 days. (6th July to 20th September-2010)

On 21 September 2010 again a police Inspector Muhammad �.. from �. Town Police Station came to my house and asked me to sign on the summon paper of High Court which one was from Honorable Justice Mr. Justice �.I appeared on 22nd September 2010 along with my minor child Ali After hearing both parties Honorable Justice perused both parties to resolve their dispute and try to settles their issues. And fixed new date of hearing on 24th September 2010, but unfortunately my Counsel could not join the court due to his brother serious conditions in the hospital, Honorable Justice fixed new date for hearing on 29th September 2010.On the same day my counsel brother died. But one of my Friend AAA Butt join the Court on my behalf. After hearing both parties Justice �����..ordered my counsel to answer the Para-wise comments on the writ petition of the opponent counsel. And he fixed the new date on 07th October 20101.At that date my counsel Mr��.. but was out of country. I got new date of hearing that was 19th October 2010. On this date our lawyer asked Honorable Justices to give more time for settlement. Both parties agreed and new date is 30th November 2010 due to not availability of Honorable justice ���.. He is leaving for Hajj in next month and will return back in the last of November-

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