Suit for Dissolution of Marriage By Way of Khula and Maitenance

          IN THE COURT OF     FAMILY JUDGE AT KARACHI CENTRAL

                                             

F.S. No. _________ /2012

 

Mst. FATIMA JABIN     ………………    Plaintiff

VERSUS

 

TARIQ AHMED       ………………………      Defendant

                                                         

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA, AND MAINTENANCE

The Plaintiff abovenamed states as under: -

1.            That the Plaintiff was married with the Defendant at Karachi, on 13.10.2012, as per her own desire, wish and consent, having executed Affidavit of Freewill, in consideration of dower amount of Rs. 50,000/=(Rupees Fifty Thousand only) which is still unpaid. Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.         That the plaintiff was provoked by the defendant for Nikah without permission of my eleders and parent and promised for a love & happy life, and rukhsati took place at the same day after soleminzing Nikah in City Court Premises, after said rukhsati, relations between the spouses remained harmonious for 2/3 days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, and started compelling to fetch money from my parents, on refusal the defendant used to beat beastly.

3.            That since the marriage was taken place the defendant did not maintain her and never paid a single penny towards the maintenance and on demand the defendant replied that the wife is only for use, and maltreated several time with kicks and fists,  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.

4.            That  the defendant is partner of his father and running a bussiness of KABAR, and he is in well position to pay maintenance of Rs.3000/= to the plaintiff, but he is victim of gambling and he spends his most of earning in gambling.

5.            That the defendant is psyco person and always suspected her character in the whole matrimonial life, since the marriage took place the Defendant did not give permission to see with her parents, sister and brother.

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 during the above said period the defendant in general treated the plaintiff cruely and did not behave in good manner and never acted as a prudent and responsible person/husband could not prove himself as good muslim husband and the plaintiff was made to suffer physically, mentaly and financially.

8.            That on November 11, 2012, the Defendant, on some pity reasons, on instigation of his parents & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes and threatended to kill if came again in his house, now she has apprehension to be unsafe for her life, since then the plaintiff is living at above mentioned address.

9.            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.

10.         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 in three clothes, she is residing within limits of P.S GULBERG, which is within jurisdiction of this Hon’ble Court.

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

PRAYER

                  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 direct the defendant to pay past maintenance to the plaintiff at the rate of Rs. 3,000/= per month from month of October 2012 till the confirmation of Divorce/Iddat period.

                                                                 

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: 14-11-2012.                                                             

Plaintiff

VERIFICATION

                    I, Mst. FATIMA JABIN D/o. Muhammad Nasim, 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:14/11/2012    

Deponent/Plaintiff

The deponent identified by me

S M  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2012, 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 “A” to “C”.
DOCUMENTS RELIED UPON	All Relevant Documents
ADDRESS OF DEFENDANT FOR SERVICE	As Per Title Of The Suit
ADDRESS OF THE COUNSEL	31, BARI CHAMBERS, Near Jama, Cloth, Robson Road, Karachi. Mob: 0300-9215352

LIST OF WITNESES

  FATIMA JABIN        

All above said shall corroborate the version of the plaintiff.

Karachi.

Dated: 1/11/2012.

S M ZUBAIR

Advocate for the Plaintiff

 

APPLICATION UNDER SECTION 17 (A) OF THE MUSLIM FAMILY LAW

            It is respectfully prayed, on behalf of the plaitiff, that this Hon’ble Court may be pleased to make Order wherby directing the defendant to pay the interim maintenance to the plaintiff @ Rs. 3,000/= per month till iddat in the interst of justice.

Prayed accordingly in the interest of justice.

Karachi.

Dated: 1   /11/2012.

SM ZUBAIR

Advocate for the Plaintiff

           

 

AFFIDAVIT

I, Mst. FATIMA JABIN D/o. Muhammad Nasim, Muslim, adult, R/o. Karachi, do hereby state on oath as under:

1.    That  I am the Plaintiff in the above matter and Deponent of this affidavit and as such  am fully conversant with contents of this affidavit.

2.    That  I say the the accompanying APPLICATION UNDER SECTION 17 (A) OF THE MUSLIM FAMILY LAW has been drafted and filed under my instructions as well as contents of main Suit may be treated as part of this affidavit.

3.    That I have read the accompanying application the contents of the same are true and correct which may kindly treated as part and parcel of this affidavit for the sake of brevity.

4.    That whatever is stated above is true and correct to the best of my  knowledge & belief.

                            

Karachi.                                                 

Dated:     .11.2012.

 DEPONENT

The Deponent above named is identified by me.

S M ZUBAIR ADVOCATE

Stated on oath before me at Karachi on this___th  day of ________, 2012, by the deponent above named who is identified to me by Mr. S M ZUBAIR, advocate, who is personally know to me.

COMMISSIONER FOR TAKING AFFIDAVIT