Suit for Restitution of Conjugal Rights

IN  THE  COURT  OF _____  FAMILY  JUDGE  KARACHI  ______.

F.S. No.

ZULFIQAR Ahmed

Son of Abdul Hameed,

Muslim, adult, R/O.01/983,

Shah Faisal Colony,

Karachi.                               …………………………………          PLAINTIFF

VERSUS

Mst. HUMA Sami

Wife of Zulfiqar Ahmed,

Daughter of Sami ullah,

Muslim, adult, R/O.  E-2576,

PIB Colony, Karachi.          ..……………………………..…         DEFENDANT

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

                           The Plaintiff, abovenamed, submits as under: -

1.                  That the Plaintiff married with the Defendant on 28-12-2001 at Karachi, but it is submitted that the Defendant has paid dower amount of Rs.23000/= in shape of gold-set worth of Rs.23000/= as per column 15 of Nikahnama is enclosed herewith and marked as Annexure “A”.

2.                  That rukhsati was taken place at the same time and marriage had been consummated but there is no alive issue out of this wedlock.

3.                  That the Plaintiff performed all conjugal obligations accordingly but it is submitted that the Plaintiff’s behavior towards the Defendant and his parents was very harsh, abusive, inflicted mental torture & agony and she tried her level best to make a miserable-life of the Plaintiff and his other family members, on instigation of her mother. Inspite of all these practices the Plaintiff & the other family member tolerated & loved her, maintained properly and provided her every thing of necessity. On 16.8.2003 she left the house of the Plaintiff with golden ornaments worth of Rs.1,20,000/= alongwith precious clothes on pretext of a wedding in her relatives’ house but she did not come back besides of all efforts of the Plaintiff, family members and well-wishers but all in vain.

4.                  That inspite of facts and circumstances mentioned supra the Plaintiff loves her very much & wants she must join him, perform conjugal rights and live together within limits prescribed by al-Mighty Allah.

5.                  That cause of action accrued to the Plaintiff when she left the house of the Plaintiff without any reason but entirely on instigation of her mother.

6.                  That after rukhsati the Plaintiff and the Defendant resided together as husband and wife in house of the Plaintiff which is situated within limits of P.S _______________, which is within jurisdiction of this Hon’ble Court.

7.                  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, therefore, prayed that this Hon’ble Court may be pleased to pass judgment and decree against the Defendant and in favour of the Plaintiff as follows: -

a)                To direct the Defendant to join the Plaintiff as a faithful wife and live together within limits prescribed by Al-Mighty ALLAH.

b)                Any other relief, which this Hon’ble court deems fit and proper in the facts and circumstances, mentioned supra because the Defendant loves her very much.

c)                 Costs of the Suit.

Karachi.

Dated: - ___/02/04.

PLAINTIFF

The Defendant identified by me

S.M. ZUBAIR

Advocate

VERIFICATION

                                   I, ZULFIQAR Ahmed son of Abdul Hameed, 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.

The deponent identified by me

S M 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.

                                                            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