Khula

IN    THE   COURT   OF   FJ   KARACHI

Mst. Rozina Begum

Daughter of Abdul Ghaffar

Muslim, adult, R/o. House No. N-714,

Sector 7–D, Fayyaz abad,

Surjani, 
Karachi.   ………………………….....................................  PLAINTIFF

V E R S US

Muhammad Ashraf

Son of Mureed Hussain,

Muslim, Adult, R/o. House No. 440,

Yousuf Building,

Hoti Market, Runchor line 
Karachi.   ....................……………………………...........   DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in 26 th  October 1997, as per Shariat Law, in consideration of dower amount of Rs. 5,000/=(Rupees Five Thousand only) which is still unpaid, Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.                  That rukhsati took place at same day, out of this wedlock six issues were born as follows:

1.      Samra (female)aged about 12 years

2.      Laraib  (male) aged about 10 years

3.      Laeba (female) aged about 10 years. Laraib & Laeba are twins.

4.      Anas (male) aged about 07 years

5.      Aaesha (female) aged about 05 years

6.      Malaeka (female) aged about 04 years

 relations between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant neither maintained her nor maintained his children properly, and delivery charges were born by herslf and her parents 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 these 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 bruitly severally and used filthy language against her and her parents. The Plaintiff works as maid servant and part time job in a news paper to maintain her and her minor children, while the dfendant  is a carpenter, interior designer in bangallows and earns more than  Rs. 50,000/ p.m. She reserves the right to recover maintenance for herself and her six children separately.

7.                  That since the marriage took place the Defendant did not give permission to see with her parents, sisters, brothers, hardly sometimes she met them in presence of anyone member of his family.

8.                  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.

9.                  That in April 2011, the Defendant, on some pity reason, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out, alongwith six children abovenamed in three clothes, from his house, due to this she had to take shelter in the house of the plaintiff’s father and since then she is living with her parents, while all the dowry articles and golden ornaments worth of Rs.50000/= are lying in the Defendant’s house, she reserves the right to recover the same separately.

10.             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.

11.              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 with her six children, she is residing within limits of P.S SURJANI Town, which is within jurisdiction of this Hon’ble Court.

12.              That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

P R A Y E R

                              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.

Karachi.

Dated:---/07/2011                                              

P L A I  N T I F F

ADVOCATE For the PLAINTIFF

VERIFICATION

                                   I, Mst. Rozina Begum D/o. Abdul Ghaffar, 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: ----/07/11.                                                                

Deponent/PLAINTIFF

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

      

                                                 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, 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 he/she seems to be understood the same and set his/her signature/thumb impression. 

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                            :    Annexure P/1 to P/    .

DOCUMENTS RELIED UPON             :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                                Cloth, Robson road, Karachi