IN THE COURT OF ____ FAMILY JUDGE KARACHI EAST
F.S. No. __/04.
1. AMMAN son of
Muhammad AAMIR
Trough his mother Mst. NAHID
Daughter of Imdad Ali, Muslim, adult,
R/o. House No.20, Block – 18, KDA Colony,
Gulshan-e-Iqbal,
Karachi.
2. Mst. NAHID
D/o. Imdad Ali,
Muslim, adult, R/o. House No.20,
Block – 18, KDA Colony,
Gulshan-e-Iqbal,
Karachi. .………………………………… PLAINTIFFS
VERSUS
Muhammad AAMIR
Son of Muhammad Ismail,
Muslim, Adult, R/o. House No. L/1/40,
Surjani,
Karachi. ……………………………… DEFENDANT
SUIT FOR RECOVERY OF MAINTENANCE
The Plaintiff No.2 abovenamed submits as under: -
1. That the Plaintiff No.2 was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, the Plaintiff No.1, AMMAN, aged about _____________________ & half month, was born out of this wedlock. Nikahnama is in custody of the Defendant.
2. That rukhsati took place at same day, and relation between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff No.2, since the marriage was taken place the defendant never maintained her properly, but the Plaintiff No.2 tried to lead a harmonious married life, she served the Defendant as well his parents, brothers and sister as a servant besides this 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 severally.
3. That since the marriage took place the Defendant gave permission to see with her parents, sisters, brothers, hardly 3/4 times she met them in presence of any one member of his family, and 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 then used to make apologize.
4. That in _____________ 2004, the Defendant, on some pity reason, on instigation of his mother & sister the Defendant beaten her beastly and turned her out, alongwith sucking Plaintiff No.1 in three clothes, from his house, due to this she had to take shelter in the house of the Plaintiff No.2’s father and since then she is living with her parents, while all the dowry articles and golden ornaments worth of Rs.56000/= are lying in the Defendant’s house, she reserves the right to recover the same separately.
5. That now it is not possible for the Plaintiff No.2 to live together a harmonious married life. The Plaintiff No.2 has developed hatred toward the defendant as such she cannot live together according to the limits prescribed by Al-Mighty ALLAH, a Family Suit 310/04 for Dissolution is pending before II nd. FJ Karachi East.
6. That in this era of high price spiral, high rate of inflation pressurized economy, the poor Plaintiff No.2 dependent and became a burden on her due to this her sufferings and agony knew no bounds.
7. That during and since the marriage took place, the hardhearted defendant did not pay a single penny to poor Plaintiff No.2 as maintenance whereas the defendant is a successful businessman, he is a contractor and his monthly emoluments are more than Rs.15000/=(Rupees Fifteen Thousand only) approximately. The Plaintiff No.2 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 fulfill his legal moral obligations as such agonized the Plaintiff No.2, her mental turpitude and torture is immense to the extent that her life worst.
8. That the Plaintiff No.2 is basically a housewife confined to household affairs and no means for self-support. Henceforth, she puts forward her under mentioned claim of maintenance allowance as admissible under the Muslim Family Ordinance of 1962.
9. That the cause of action accrued to the Plaintiff No.2 when the Defendant turned her out of his house, the Plaintiff No.2 and Minor are residing within limits of P.S _________________________, which is within jurisdiction of this Hon’ble Court.
10. 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 No.2 against the Defendant claims: -
A) To allow the maintenance of the minor (Plaintiff No.2 No.1) @ Rs.2000/=per mensum w.e.f. __________200 and in future also.
B) To allow the past maintenance of the Plaintiff No.2 @ Rs.2000/=per mensum w.e.f. August 2002 till February 2004.
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: ---/----/04.
P L A I N T I F F
S.M. ZUBAIR
ADVOCATE For the Plaintiffs
VERIFICATION
I, Mst. NAHID D/o. Imdad Ali, and real mother of the Plaintiff No.2 No.1, Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.
Karachi.
Dated: ----/0 /04.
Deponent/Plaintiff No.2
The deponent identified by me
SM ZUBAIR
Advocate for Deponent/Plaintiff No.2
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, 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 : NIL.
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 the Plaintiffs Cloth, Robson road, Karachi
IN THE COURT OF ____ FAMILY JUDGE KARACHI EAST
F.S. No. __/04.
AMMAN …………………………… PLAINTIFFS
VERSUS
Muhammad AAMIR ……………………… DEFENDANT
AFFIDAVIT
I, Mst. NAHID D/o. Imdad Ali, Muslim, adult, resident of Karachi, do hereby state as under: -
1. That I am the Deponent/Plaintiff No.2 & mother of the Plaintiff No.1 of this affidavit and as such am fully conversant with the facts of the matter deposed herein.
2. That I say that was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, AMMAN, was born out of this wedlock. Nikahnama is in custody of the Defendant.
3. That whatever stated above and in the accompanying Plaint is true and correct to the best of my knowledge and belief.
Karachi.
Dated: - ---/----/04.
DEPONENT
The Deponent identified by me
SM ZUBAIR
ADVOCATE
Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVITS
IN THE COURT OF ____ FAMILY JUDGE KARACHI EAST
F.S. No. __/04.
AMMAN …………………………… PLAINTIFFS
VERSUS
Muhammad AAMIR ……………………… DEFENDANT
LIST OF WITNESSES
1. Mst. Nahid D/o. Imdad Ali
2. Imdad Ali S/o. Karamat Ali
Shall corroborate the Version of the Plaintiff No.2 .
Karachi.
Dated. __ / ___/04.
S.M. ZUBAIR
ADVOCATE For the Plaintiffs
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