DRAFT / SPECIMAN / SAMPLE OF WRITTEN REPLY IN APPLICATION FOR ADDITION OF OFFENCES IN THE CHARGE

IN THE COURT OF LEARNED ADDITIONAL SESSIONS JUDGE (WEST) ISLAMABAD

In the Matter of:

The Sate                         Vs                   Muhammad Naveed

CASE FIR NO. 311/22, DATED 27/06/2022 U/S 365-B PPC, P.S MARGALLA, ISLAMABAD

WRITTEN REPLY

IN

APPLICATION FOR ADDITION OF OFFENCES IN THE CHARGE

Rspectfully sheweth;

Preliminary Objections:

1. That the Nikah was solemnized between the accused and the Sapna bibi on 26/06/2022 and the Sapna herself informed to the Nikah Registrar that she is 18 years of age. Nikah nama is annexed with the main case.

2. That the Complainant with mala-fide intention, illegally and fraudulently in connivance with NADRA committed the wrongful entries of date of birth dated 13 July 2022 in the birth registration certificate just to humiliate the accused. As the birth registration certificate was issued on 13 July 2022 just to show the Sapna as minor to humiliate the accused.

3. That it is the mala-fide of the complainant and the police who are trying to prove the Sapna as minor just to humiliate the Accused.

4. That this application is baseless as the child marriage restraint act 1929 does not attract on flimsy grounds.

5. That after the solemnization of Nikah, the learned Area Magistrate recorded statement u/s 164 Crpc. Hence, the charges are groundless and baseless.

6. That under section 8 & 10 of the Child Marriage Restraint Act 1929 provides a clear procedure that need to be followed in true leter and spirit. Hence, this application is liable to be dismissed being devoid of merit.

Parawise Comments:

1. That para no. 1 is factual.
2. That para no.2 is incorrect as the charges are groundless.
3. That para no. 3 is incorrect and frivolous hence vehemently denied.
4. That para no. 4 is correct to the extent of lodging of FIR under section 365-b but remaining part is false hence denied.
5. That para no. 5 is scandalous and false hence vehemently denied.
6. That para no. 6 is incorrect and false and vehemently denied.
7. That the whole prayer is false and frivolous hence, vehemently denied.

PRAYER:

In the luminosity of aforementioned facts and circumstances the instant application may kindly be dismissed being devoid of merit in the interest of justice.

Any other relief which this Learned Court may deems fit and proper may kindly be granted.

…Accused

Through

Asadullah Hassan Hashmi

Advocate High Court

LLM-ITL 

Certify on oath on this            day of October 2023 the above statements and facts are true to the best of my knowledge and beilief and nothing has been concealed.

…Accused