IN THE COURT OF 3RD ADJ AT KARACHI SOUTH

Family Appeal No.71/2013

Nadeem Ahmed

Appellant
v/s

Mst. Lubna Akhtar

Respondent

OBJECTIONS AND COUNTER AFFIDAVIT

TO FAMILY APPEAL.
I, Lubna Akhtar D/o Muhammad Akhtar, Muslim, adult,
R/o H.No.428, sector-I, Street no.3, Manzoor Colony, Karachi do hereby
state on oath as
under:1.

That I am the respondent in this Family appeal and hence fully

conversant the facts of the case.

2.

That The contents of memo of Appeal and its supporting

affidavit have been read over to me by my counsel in Urdu. I hereby

deny all allegations made therein except for those specifically admitted
by me hereinafter.
3.

That facts of the memo of appeal are matter of record therefore

the same are not denied.

GROUNDS
4.

That the contents of para 1 grounds of memo of appeal are

vehemently denied. The impugned Judgment is legally sound. There is

no omission of any part of evidence in impugned Judgment.
5.
denied.

That the contents of para 2 are misconceived. Hence strongly

6.

That the contents of para 3 are false and misconceived. During

the trial, the conduct of Honble Family Judge was very impartial and
neutral. The learned Judge treated both the parties equally and provided
ample opportunities to both the parties to prove their case. If there was
complaint during trial, an application for transfer of case could have
been made. No such application was filed.
7.

That the contents of para 4 are false and misconceived. Hence

denied. The receipts produced by the plaintiff in respect of Dowery

Articles are genuine. These receipts had been issued by Shops and
Showrooms from where the same were purchased. These receipts have
addresses and telephone numbers of these shops and showroom with
signature of the proprietor. The Appellant was at liberty to question the
genuineness of these receipts and prove the same to ingenuine the same
by leading evidence. No such effort was made and now wild allegations
have been made.
8.
9.

That the contents of para 5 are strongly denied.

That the contents of para 6 are vehemently denied. Appellant

never denied that the dowery articles which plaintiff is claiming had
been handed over to him at the time of marriage. However his plea from
the inception of the case was that these dowery articles were taken
forcibly by the plaintiffs Brother and uncle as soon as respondent left
his house. The appellant could not lead evidence to prove his allegation
and his plea was not considered as Appellant failed to produce any
handing over taking over receipt of dowery Articles or any witness in
order to prove his contention.
10.

That the contents of para 7 are false and misconceived. The

impugned Judgment has been passed after evaluating every issue

minutely, properly perusing the record and providing equal
opportunities to both the parties.
11.

That the contents of para 8 are strongly denied.

12.

That unless this Family appeal is dismissed, the respondent

would suffer heavy civil injuries and irreparable losses as there is no

legal flaw in the Judgment passed by Honble Family judge at Karachi
South because the appellant was miserably failed to make out any solid
ground for accepting his appeal. There is no factual or legal flaw in the
Judgment passed by the Honble Family Judge at Karachi South.
13.

That whatever has been stated above is true and correct to the

best of my knowledge and belief.

Karachi;
Dated:16/04/14

Deponent
The deponent is identified by me.
Advocate

Affirmed on oath before me at Karachi on this

day of April 2014,
by the deponent is identified to me by Mr. Adil Hayat Sandhu, Advocate,
who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVIT

IN THE COURT OF 3RD ADJ AT KARACHI SOUTH

Family Appeal No.71/2013
Nadeem Ahmed

Appellant
v/s

Mst. Lubna Akhtar

Respondent

COUNTER AFFIDAVIT
I, Lubna Akhtar D/o Muhammad Akhtar Muslim, Adult
R/o H.No.428, sector-I, Street no.3, Manzoor Colony, Karachi do
hereby state on oath as under:1.

That I am the respondent in this Family Appeal and

hence fully conversant with facts of the case.

2.

That Contents of the Application U/s 151 CPC & its

Counter Affidavit have been read over to me in Urdu by my Counsel

and I hereby deny the entire allegations made therein except for those
specifically admitted by me hereinafter.
3.

That the contents of Para 1 of the application are not

correct. As such, the same are emphatically denied.

4.

That the contents of para 2 and 3 are vehemently denied.

The appellant has no case at all. He is liable to return the dowery articles
which are in his possession and he has not denied that such dowery
articles had been handed over to him & brought by the respondent at the
time of marriage. He has failed to prove that such dowery articles were
taken forcibly by the respondents brother as soon as he threw out the

respondent from his house. He did not report such offence/incident to

concerned Police Station and no FIR was Lodged.

5.

That the contents of para 1& 2 of the supporting

affidavit are formal needing no reply.

6.

That the contents of para 3 & 4 are false hence strongly

denied.
7.

That unless this application is dismissed respondent

would suffer heavy civil injuries and irreparable losses.

8.

That whatever has been stated above is true and correct

to the best of my knowledge and belief.

Karachi
Dated:- 16 /04

/2014

Deponent
The Deponent is identified by me.
Advocate
Affirmed on oath before me at Karachi on this 16th day of
April 2014, by the Deponent identified to me by Mr. Adil Hayat
Sandhu, Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVIT