Maintenance

IN THE COURT OF _________ FAMILY JUDGE MALIR KARACHI.

F.S No.             /2014.

SADAF      ………………………….…………………            PLAINTIFFS

 

VERSUS

M. SHEHBAZ KHAN ………..………………                      DEFENDANT

SUIT FOR MAINTENANCE

The plaintiff, above named, submits as under:-

1.     That the plaintiff was marriage with defendant on 11-09-2011, in   accordance to Muslim family laws of Pakistan, against the dower amount of 100,000/- which is still unpaid. The copy of Nikahnama was attached herewith and annexed as “A”.

2.     That after  solemnization of marriage  one issue namely Sadaf was born on 23-06-2012,  during the tenor of marriage the relationship between the plaintiff and defendant got worse, as on the third day of the marriage the defendant started abusing the plaintiff and beat the plaintiff as well, as the defendant was in toxic condition and asked about the paper for divorce, and after two days of this incident the plaintiff went to the house of her mother, and the plaintiff returned back to the house of the defendant on 20-09-11. But during the tenor of marriage on many occasions insulted the plaintiff on bitty matters, but in the year2012, the disputes got so worse the defendant in anger cut the nerve of his hand, the relative of the defendant took him to the Hospital for treatment, afterwards the plaintiff and the defendant went to house of the mother of the plaintiff for taking rest in the house, but after two days time the defendant again made a fight with the plaintiff and her family members, and went back to his house and since then he never have contacted the plaintiff, nor paid any money towards the maintenance of her and the minor child, and since then the plaintiff is maintaining her daughter. The copy of the birth certificate was attached and annexed “A”.

3.     That since 2012, the defendant never contacted the plaintiff nor paid any money towards the maintenance of her and the Suckling child and since then the plaintiff.

4.     That a suit for Dissolution of marriage by way of Khula is pending before II FJ Karachi Malir.

5.     That the cause of action for the instant suit accrued firstly on 11-09-2011, when the plaintiff married to the defendant, secondly, when the defendant left the house of the plaintiff mother in the year 2012. And the cause of action is still continuing as the defendant did not contact the plaintiff for any consolidation.

6.     That the plaintiff is residing within local limits of Police Station __________________ that fall within the territorial jurisdiction of this Hon’ble Court.

7.     That the proper court fee has been affixed as per law. That presently I am residing at the address as given in the plaint.

PRAYER

It is therefore, very humbly and respectfully prayed that this Hon’ble Court may kindly be please to pass judgment and decree in favor of the plaintiff and against the defendant as under:-

a.) To direct the defendant to pay past maintenance to the plaintiff No. 1 at the rate of Rs. 5,000/= per month from month June 2012 uptill now and in future on increment of 20% p/a.

b.) To direct the defendant to pay past maintenance to the plaintiff No. 2 at the rate of Rs. 5,000/= per month from month of September 2011 uptill now and in future upto iddat period on increment of 20%. p/a.

c.)     Cost of the suit.

d.)    Any other relief(s) which may this Hon’ble Court deem   fit.

Karachi

Dated:____/04/2014.                                                      PALINTIFF

Advocate for the Plaintiff.

VERIFICATION

                    I, AZRA BIBI D/O. __________________, Muslim, Adult, R/O, _________________________________, Karachi, do here by state on oath and on solemn affirmation as here under:-

Karachi.                                                                        

Dated:14/         /2014

Deponent/Plaintiff

The deponent identified by me

S M  ZUBAIR

(ADVOCATE)

Solemnly affirmed before me on oath at Karachi on this ____day of January, 2014 by the deponent, who is identified by S.M. ZUBAIR Advocate who is personally known to me. 

COMMISSIONER FOR TAKING AFFIDAVITS.

Documents filed:                            annexure “A” & “B”

List of witnesses:                              Annexure “C”

Documents relied upon:              Original of above

Address of parties:                         As in the title of Plaint.