IN THE COURT
OF FAMILY JUDGE AT KARACHI CENTRAL
F.S. No. _________ /2012
Mst. FATIMA JABIN ……………… Plaintiff
VERSUS
TARIQ AHMED ……………………… Defendant
SUIT FOR
DISSOLUTION OF MARRIAGE BY WAY OF KHULA, AND MAINTENANCE
The
Plaintiff abovenamed states as under: -
1.
That the Plaintiff was
married with the Defendant at Karachi, on 13.10.2012, as per her own desire,
wish and consent, having executed Affidavit of Freewill, in consideration of
dower amount of Rs. 50,000/=(Rupees Fifty Thousand only) which is still unpaid.
Photocopy of Nikahnama is annexed
herewith and marked as Annexure “P/1”.
2. That the plaintiff was
provoked by the defendant for Nikah without permission of my eleders and parent
and promised for a love & happy life, and rukhsati took place at the same
day after soleminzing Nikah in City Court Premises, after said rukhsati, relations
between the spouses remained harmonious for 2/3 days and then the defendant
started to inflict mental & physical torture and mal-treated the Plaintiff,
and started compelling to fetch money from my parents, on refusal the defendant
used to beat beastly.
3.
That since the marriage
was taken place the defendant did not maintain her and never paid a single
penny towards the maintenance and on demand the defendant replied that the wife
is only for use, and maltreated several time with kicks and fists, besides this the Plaintiff tried to lead a
harmonious married life, she served the Defendant as well his parents, brother
and sister as a servant, inspite of this behaviour toward her she loved him so
much, but the whole family of the Defendant spare no opportunity to degrade
her, on false complaints made by the whole family, the Defendant used to beat
her brutally severally and used filthy language against her and her parents.
4.
That the defendant is partner of his father and
running a bussiness of KABAR, and he is in well position to pay maintenance of
Rs.3000/= to the plaintiff, but he is victim of gambling and he spends his most
of earning in gambling.
5.
That the defendant is
psyco person and always suspected her character in the whole matrimonial life,
since the marriage took place the Defendant did not give permission to see with
her parents, sister and brother.
6.
That the defendant used
to come with his friends seems to be ghundas and ordered to fulfill all kinds
of wishes of them, on refusal to beat brutally and severally and miserably and
used filthy language against her and her parents and then used to make
apologize.
7.
That during the above
said period the defendant in general treated the plaintiff cruely and did not
behave in good manner and never acted as a prudent and responsible
person/husband could not prove himself as good muslim husband and the plaintiff
was made to suffer physically, mentaly and financially.
8.
That on November 11,
2012, the Defendant, on some pity reasons, on instigation of his parents &
sister the Defendant beaten her beastly and used filthy language against her
and her parents and turned her out in three clothes and threatended to kill if
came again in his house, now she has apprehension to be unsafe for her life,
since then the plaintiff is living at above mentioned address.
9.
That under the
circumstances mentioned above, the Plaintiff has developed hatred toward the
defendant and it is beyond her control to live together 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.
10.
That the cause of action
accrued to the plaintiff when the Defendant beaten her and used filthy language
firstly and after that day by day and finally when he turned her out of his
house in three clothes, she is residing within limits of P.S GULBERG, which is
within jurisdiction of this Hon’ble Court.
11.
That the prescribed court
fees stamps has affixed as the suit is valued in accordance with the provision
of Family Court Act.
PRAYER
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)
To direct the defendant to pay past maintenance to the
plaintiff at the rate of Rs. 3,000/= per month from month of October 2012 till
the confirmation of Divorce/Iddat period.
C)
Costs of
the suit.
D)
Any other relief,
which this Hon’ble Court deems fit and proper in the circumstances of the case.
Karachi
Dated:
14-11-2012.
Plaintiff
VERIFICATION
I, Mst. FATIMA
JABIN D/o. Muhammad
Nasim, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that
whatever stated above is true correct to the best my knowledge and belief.
Karachi.
Dated:14/11/2012
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
DOCUMENTS FILED
|
Annexure “A” to “C”.
|
DOCUMENTS RELIED
UPON
|
All Relevant
Documents
|
ADDRESS OF DEFENDANT FOR SERVICE
|
As
Per Title Of The Suit
|
ADDRESS OF THE
COUNSEL
|
31, BARI CHAMBERS, Near
Jama, Cloth, Robson Road, Karachi. Mob:
0300-9215352
|
LIST
OF WITNESES
FATIMA JABIN
All above said shall corroborate the version
of the plaintiff.
Karachi.
Dated: 1/11/2012.
S M ZUBAIR
Advocate
for the Plaintiff
APPLICATION UNDER SECTION 17 (A) OF THE MUSLIM FAMILY LAW
It is
respectfully prayed, on behalf of the plaitiff, that this Hon’ble Court may be
pleased to make Order wherby directing the defendant to pay the interim
maintenance to the plaintiff @ Rs. 3,000/= per month till iddat in the interst
of justice.
Prayed accordingly in the interest of
justice.
Karachi.
Dated: 1 /11/2012.
SM
ZUBAIR
Advocate for the Plaintiff
AFFIDAVIT
I, Mst. FATIMA
JABIN D/o. Muhammad
Nasim, Muslim, adult, R/o. Karachi, do hereby state on oath as under:
1. That I am the Plaintiff in the above matter and
Deponent of this affidavit and as such
am fully conversant with contents of this affidavit.
2. That I say the the accompanying APPLICATION UNDER SECTION 17 (A) OF THE MUSLIM FAMILY LAW
has been drafted and filed under my instructions as well
as contents of main Suit may be treated as part of this affidavit.
3. That
I have read the accompanying application the contents of the same are true and
correct which may kindly treated as part and parcel of this affidavit for the
sake of brevity.
4. That
whatever is stated above is true and correct to the best of my knowledge & belief.
Karachi.
Dated:
.11.2012.
DEPONENT
The
Deponent above named is identified by me.
S
M ZUBAIR ADVOCATE
Stated on oath before me at Karachi on this___th day of ________, 2012, by the deponent above
named who is identified to me by Mr. S M ZUBAIR, advocate, who is
personally know to me.
COMMISSIONER FOR TAKING AFFIDAVIT
