Ex-Parte Proof

IN THE COURT OF II ND. FAMILY JUDGE AT KARACHI CENTRAL

                                                         

F.S. No. 1321/2012

 

Mst. NASEEM Jafir   …….……………                     PLAINTIFF

VERSUS

Muhammad WASI      …….……………                 DEFENDANT

AFFIDAVIT IN EX-PARTE PROOF

I, NASEEM Jafir D/o. Syed Jafir Ali, Muslim, adult, R/o. 60/7, Liaqatabad Karachi, do state on oath as under: -

1.            That the Plaintiff was married with the Defendant at Karachi, in 24.12.1987, as per Shariat Law, in consideration of dower amount of Rs. 25,000/=(Rupees Twenty Five Thousand only) which is still unpaid. Photocopy of Nikahnama was annexed and marked as Annexure “P/1”.

2.            That rukhsati took place at the same day; after rukhsati the relations between the spouses remained harmonious for few months and then the defendant started to inflict mental and mal-treated the Plaintiff, since the marriage was taken place the defendant did not maintain her properly but her parents, besides this the Plaintiff tried to lead a harmonious married life, The Plaintiff was always maintained by her parents.

3.            That in April 1990, the defendant went for his usual job early in the morning, but since then he neither contacted nor came back home, the plaintiff and her parents tried their level best to find out him without success.

4.            That under the circumstances mentioned above, the Plaintiff has developed hatred toward the defendant and it is beyond her control to live together, if found, within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in consideration of dissolution of marriage by way of Khula.

                                    

5.            That the cause of action accrued to the plaintiff when the Defendant left his house and then neither he contacted nor came back, and continuous day by day. She is residing within limits of P.S Liaqatabad, which is within jurisdiction of this Hon’ble Court.

6.            That It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

a)           To Dissolve the Marriage by way of Khula.

b)           Costs of the suit.

c)            Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

7.    That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.

Dated:                   /08/2012.

Deponent/Plaintiff

The deponent identified by me

S M  ZUBAIR

(ADVOCATE)

            Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS