Suit for Recovery of Maintenance and Dowery Articles

IN THE COURT OF IIIrd. FAMILY JUDGE  KARARACHI   SOUTH

Family Suit No.     /0--

Mst.Mumtaz Mai                   ………………………………………..          Plaintiff       

VERSUS

M. Hanif                     ……………………………………….                       Defendant

SUIT FOR RECOVERY OF MAINTENANCE AND DOWERY ARTICLES

             The Plaintiff above-named begs to submit as under:

1.                    That the plaintiff was married with the defendant abovenamed on 5 th March, 1978 in Multan, Punjab in accordance with Islamic Shariat (Hanafi) law for consideration of strict sharia dower amount. The marriage was arranged on exchange marriage basis. Photocopy of the Nikahnama is enclosed as Annexure "A".

2.                    That the plaintiff continued to live with th defendant after the solemnization of marriage as a submissive, faithful wife and performed her matrimonial duties and obligations.

3.                    The the defendant, consequent upon wedding, kept the plaintiff properly only for (5) years. Thereafter, defendant's behavior towards the plaintiff changed gradually. He became critic and used to create dispute on petty domestic matters. He became very harsh and hit the plaintiff with fist on several occasions. His attitude became sub human and barbaric. On bad morning, he beated/assault the plaintiff mercilessly and tuned her out from the house on three piece clothes which she had on the body. Plaintiff the victim having non-option returned and took refuge/shelter at the parent's house.

4.                    That the defendant contracted second marriage with mother lady named Nazir Mai without the consent/permission of plaintiff in defiance of Muslim Personal Law of 1962 and ousted the plaintiff from his premises, pronouncing that the would not keep her any more alongwith him in his house.

5.                    That thereafter, the Plaitiff passed 19 years-golden period of her life in the name of defendant in her parent's house. She hoped good sense would prevail and save the way for return of good times. During the past period of almost two decades the plaintiff put several hectic efforts for reconciliation and approachment through family senior members and community Panchayat Reconciliation Committee. Alas ….. All in vain owing to non-compromising attitude of adamant defendant. Every reconciliatory attempt to resolve the difference and dispute failed. He shirked to sit for negotiation and amicable settle. His contention was that he would neither keep her as a wife nor divorce her rather keep in hanging position.

6.                    That the plaintiff intended to perform pilgrimage (Hajj-e- Badal) this year. Five months ago, she approached to defendant and sought his permission (as he was/is husband) prior to submit Hajj application from to Ministry of Hajj, Govt. of Pakistan, in order to proceed for Pilgrimage with a Mahram i.e.his brother. Husband's approval is indispensable for Hajj performance according to religious dictates. Unfortunately, the defendant did not accede to plaintiff request for sacred mission, as such, she could not proceed.

7.                    That after the occurrence of above  noted event, once again,, the plaintiff tried to reach to a settlement with the defendant through the good offices of her brothers namely ___, and other familymembers. Sense senior members of community Panchayat committee, too.put efforts for compromise. But the defendant categorically refused to keep the plaintiff with him as a wife and give religious right as prescribed in Quran and Sunnah. Notwithstanding, the plaintiff was/is always willing to live with defendant within limits of Almighty Allah and perform her conjugal rights and obligations.

8.                    That the plaintiff extended her demand of return of dowry articles from the defendant which consists of ten tola golden ornaments, valuable clothes, furniture etc. which were given to her by her old parents by their hard earned life savings at the time of wedding. The value of entire dowry articles amounts to Rs.130, 000/ =(One Lac & Thirty Thousand) approximately. A list of dowry articles is enclosed herewith as Annexure "B". The defendant turned a deaf year, occupied all previous dowry articles and refused to return inspite of repeated request and emphatic demands.

9.                    That the defendant is a successful businessman, he is a contractor and is engaged in the business of taking lease of agricultural lands and installation of tube wells in farm. his monthly emoluments are Rs.40, 000/-(Rupees Forty thousand) approximately.

10.                That in this era of high price spiral, high rate of inflation pressurized economy, the poor plaintiff is dependent and became a burden on her. She is passing a miserable life and her sufferings and agony knew no bounds.

11.                That during the last 23 years, since the date of her separation the husband/defendant, the hardhearted defendant did not pay a single penny to poor plaintiff as maintenance whereas he is an affluent, well to do and capable to support her financially. His personal economy is very set as his monthly income is Rs.40,000/-. The plaintiff approached and demanded monthly maintenance many a time from the defendant through the monthly maintenance many times from the defendant through the mediation of family members. The defendant shirked to fulfil his legal conjugal, moral obligations as such agonized the plaintiff. Her mental turpitude and torture is immense to the extent that her life worsts, no worth enough to survive.

12.                That the plaintiff is basically a housewife confined to household affairs and no means for self-support. Seldom she works as a mad servant in relative's house only. Henceforth, she puts forward her undermentioned claim of maintenance allowance as admissible under the Muslim Family Ordinance of 1962.

i)                    A consolidated amount of Rs.720,000/-(Rupees seven lacs twenty thousand only) as past maintenance allowance/stipend for the last 6 years till todate.

ii)                  A monthly maintenance allowance of Rs.10,000/=(Rupees ten thousand).

13.                That the defendant is legally bound to provide maintenance cover to the plaintiff regularly and punctually.

14.                That the plaintiff had sent defendant a legal notice dated _____, through Reg. Post and TCS. The same was served accordingly. Photocopy of legal notice, Postal, TCS,Receipt and TCS Services Confirmation Report are enclosed as Annexure "C.D.E.F.G." respectively. It is pertinent to mention painfully that inspite of receipt/services of relative Legal Notice, the defendant neither remitted any maintenance allowance nor bothered to respond and reply to anxiously waiting plaintiff.

15.                That the cause of action arose to the plaintiff for filing the present Family Suit at Karachi, on or about 21^st ___, when she was forcibly sent back to her parents' house by the defendant and thereafter he denied/failed to provide her maintenance. Subsequently, it accrued every day, each and every month while inspite of plaintiff's repeated request and emphatic demand, the defendant failed to provide the maintenance in conformity to his commitment and assurance. The cause of action continues every day each and every month and subsists in full force till the recovery of entire past maintenance amount/charges and punctual payment of recurring maintenance amount under the same head. It is accompanied with the return of entire/full dowry articles, too.

16.                That proper court fee has been affixed herewith.

17.                That the plaintiff resides within the local limits of P.S. Bughdadi, which is within the jurisdiction of this Hon'ble court.

PRAYER

                 It is respectfully prayed that this Hon'ble court may be pleased to pass judgement and decree in favour of plaintiff against the defendant :

i)                    Payment of Rs.720,000/=(Rupees ______) to the plaintiff as past 6

years' maintenance at rate of Rs.10,000/=(Rupees ____) per month     since 01 ____,__ onwards with specific institution/direction to pay promptly.

ii)                  Payment of future/recurring maintenance at the rate of Rs.10,000/=(Rupees ___) per month which appears to be just and cogent in view of the circumstances of the case.

iii)                Return of entire dowry articles to plaintiff which amount to Rs.130,000/=(Rupees____) approximately.

iv)                Cast of the suit by virtue of poverty of plaintiff.

v)                  Any other relief/relieves which this Hon'ble court may deem fit and proper in the circumstances of the case may also be granted.

Karachi.

Dated:

PLAINTIFF

S.M. ZUBAIR

Advocate