Suit For Restitution of Conjugal Rights

IN THE COURT OF I  FAMILY JUDGE AT KARACHI WEST

Family Suit #.        of 2001

Muhammad  ……………………………………… ………. Plaintiff

VERSUS

Mst. Khatoon …………………………………………….  Defendant

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

The plaintiff  above named most respectfully begs to submit as under:-

1.                 That the plaintiff was married to defendant at Karachi on 02-05-2000, against dower amount  of RS  12,000, prompt which was paid before consummation of marriage. The marriage between the spouses was not arranged but love marriage. (photo state copy of marriage deed  and free will executed by the defendant are appended herewith and marked as annexed A and B).

2.                 That  the marriage between the parties was  consummated  and there is one issue in this wedlock that is  aged about 3/ 4  months presently  in the custody of the defendant.

3.                 That just before 3/4 months  the mother of  defendant came in the house of plaintiff and requested to allow him to go with him in her house as she will come back within a week time. Since this time the defendant is staying  in the house of her mother along with milk sucking baby of the plaintiff and is not ready and willing to come in the house of plaintiff and join him as his wife that is her fundamental obligation under the injunction of Islam as laid down in the Holly Quran and Sunnah.

4.                 That the defendant while going with her mother took away golden ornaments worth RS. 5000/- including some costly pairs  of clothes and her stay presently with her mother is absolutely negation on her part to perform her duties as a Muslim wife and she in spite of best efforts advanced by plaintiff and his well wishes she is not ready to perform her obligation of conjugal rights, in fact plaintiff loves the defendant from the core of his heart, hence this suit for restitution of conjugal rights.

5.                 That  cause of action accrued to  plaintiff against the defendant firstly 3/ 4 months before when she after passing one week as promised with the plaintiff did not turn up, failed to join the plaintiff as his wife , secondly when she in spite of untiring efforts of well wishes of the plaintiff failed to join him as his wife and the same remained to continue day to day till the filing of this suit within the local limits of Police Station T.P.X  Karachi  West that is within the jurisdiction of this Honorable court.

6.                 That  the proper court fee ha been affixed on the plaint.

PRAYER

The plaintiff therefore prays for judgment and decree in his favor and against the defendant as under:-

a.     To direct the defendant to join the plaintiff as his wife and perform conjugal rights being a Muslim wife.

b.     Cost of the suit.

c.      Any other equitable relief (s) as this Honorable Court may deem fit and proper under the circumstances of this suit.

Karachi.

Dated:  22-10-2001.

Plaintiff

VERIFICATION

I,  Muhammad,  Muslim adult resident of Karachi  /plaintiff above named do here by verify on oath that whatever has been stated from paragraph # 1 to 4 are true and correct to best of my knowledge and from paragraph # 5 to 6 are true and correct to the best of my information.

Karachi.

Dated: 22-10-2001

Deponent

Identified by me

S M ZUBAIR

Advocate