KHULA

IN  THE  COURT  OF          FJ &  G & w  JUDGE  KARACHI  CENTRAL

F.S. No.        /11

 

Mst. RUBAB

D/o. Muhammad Salim Shaikh

Muslim, adult, R/o. House No. 84,

Akram abad,

Liaqat abad,

Karachi                            ……………………………………       PLAINTIFF

VERSUS

 

Muhammad WAQQAS

Son of Allah Meher Qureshi,

Muslim, Adult, R/o. House No. 102,

Jahangir abad,

Nazim abad,

Karachi                                 ………………………………          DEFENDANT

SUIT  FOR  DISSOLUTION  OF  MARRIAGE  BY  WAY

OF KHULA AND RECOVERY OF DOWRY ARTICLES

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in 11.05.2009, as per Shariat Law, in consideration of dower amount of Rs. 11,000/=(Rupees Eleven 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; the plaintiff’s parents presented dowry articles i.e. tv, refrigerator, golden ornaments alongwith furniture etc, worth of Rs.             /= (Rupees                                   ) to the plaintiff to facilitate her at defendant’s home abovementioned. Photocopy of list of dowry articles alongwith Receipt/Bills are enclosed herewith and marked as Annexure “P/2 to P/        ”.

3.                  That after rukhsati,  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 did not maintain her properly but 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 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. The Plaintiff was maintained by her parents.

4.                  That the defendant is addicted and jobless person and always suspected her character in the whole matrimonial life.

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

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 in April 2011, the Defendant, on some pity reasons, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes, while all the dowry articles i.e. tv, refrigerator, gold ornaments alongwith furniture worth of Rs.                     /= are lying in the Defendant’s house. Since April 2011 the plaintiff is living in her parents home.

8.                  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.

9.                  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 Liaqatabad, 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 against the Defendant claims: -

A)                           To dissolve the marriage by way of Khula.

B)                            To recover all dowry articles i.e. tv, refrigerator, gold ornaments, furniture etc, worth of Rs.               /= as per list of dowry articles.

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:            ---/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, Mst. RUBAB Daughter of Muhammad Salim Shaikh, 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: ----/10/11.                                                              

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 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