Khula, Maintenance And Dowry Articles

IN THE COURT OF IInd. FAMILY JUDGE KARACHI CENTRAL.

F.S. No.             /2014.

MEHWISH         ………………………….………………   PLAINTIFF

 

VERSUS

SHOAIB AHMED    …………….…..………………     DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE

BY WAY OF KHULA, MAINTENANCE

AND DOWRY ARTICLES

The plaintiff, above named, submits as here under:-

01) That the plaintiff was married with defendant on 13-9-2012, in   accordance to Muslim family laws of Pakistan, against the prompt dower amount of Rs. 50,000/- which is still unpaid. The copy of Nikahnama was attached herewith and annexed as annexure “A”.

02) That the parents and relatives of the plaintiff presented dowry articles, worth of Rs. 2, 50, 000/= including a Gold Set, One Gold Locket, Washing Machine, Saving Machine , One Set gold Ornaments, One Gold Ring and Furniture etc, to the defendant, the said dowry articles are in possession of defendant in his house. A list of Dowry Article is attached herewith and marked as annexure “B”.

03) That after solemnization of marriage the relations between the spouses remained harmonious, soon after the marriage the behavior of defendant with plaintiff was immoral, insulting, and misbehaving, the reasons almighty Allah knows better or the defendant, and the relationship between the plaintiff and defendant got worse, as the defendant used to abuse and beat the plaintiff, during the tenor of marriage on many occasions the defendant insulted the plaintiff on pity matters and out of this wedlock one issue namely MAHAM @ MUSKAN was born 0n 05-06-2013,  the defendant neither maintained the plaintiff nor her minor baby nor paid any money towards the maintenance.

04) That the plaintiff tried her leveled best to be good devoted house wife and served the plaintiff and his parents like a maid, but the defendant failed to be good husband, most of time the defendant remains out of his house, but when he comes to home on leave his attitude towards the plaintiff remains harsh, insulting.

05) That during tenor of the marriage the defendant hardly used to allow seeing her parents. Eight months before the defendant turned her out from his house in wearing cloths and snatched her minor baby and did not allow seeing her baby. The plaintiff tired her level best to see her baby during this period but she was not allowed by the defendant and his parents. The plaintiff reserves her right to recover the minor’s custody.

06) That due unavoidable circumstances and behavior of the defendant mentioned above the plaintiff had to do job to maintain herself.

07) That if the plaintiff’s marriage with the defendant is not dissolved and Khula is not granted then the plaintiff shall suffer irreparable losses or if she is forced  to live with the defendant as a husband and wife then instead of going to the house of her husband she would prefer to die by committing sue side by taking poison.

08) That for the reasons mentioned above the plaintiff has developed hatred against the defendant and now it is impossible for the plaintiff to reside as a wife with the defendant within the limits prescribed by the Almighty ALLAH hence this suits for dissolution of marriage by way of Khula and for that the plaintiff is ready to forgo her dower amount.

09) That the cause of action for the instant suit accrued firstly on 13-9-2012, when the plaintiff married to the defendant, secondly, when the defendant beaten the plaintiff in the year 2013. And the cause of action is still continuing as the defendant did not contact the plaintiff for any consolidation.

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

11) That the proper court fee has been affixed as per law. Presently the plaintiff 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 dissolve the marriage of the Plaintiff with the defendant by way of Khula.

b)   To direct the defendant to pay past maintenance to the plaintiff at the rate of Rs. 5,000/= per month from month of November 2012 uptill now and in future upto iddat period on increment of 20%.

c)   To recover and handover all dowry articles worth of Rs. 250,000/= as per List of Dowry Articles.

d)   Cost of the suit.

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

Karachi.

Dated:___/03/2014.                                   DEPONENT/PALINTIFF

Advocate for the Plaintiff.

VERIFICATION

I, Mst. MEHWISH D/o. _________, Muslim, adult, residing at House No. 953/5, Liaqatabad, Karachi, do here by verify on solemn affirmation and on oath that whatever stated here in above is true and correct to best of my knowledge and belief.

      DEPONENT/PLAINTIFF

Solemnly affirmed before me on oath at Karachi on this ____day of March, 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.

Address of Advocate:                  ZUBAIR LAW ASSOCIATES

31, BARI CHAMBERS,

Robson Road, Off MA Jinnah Rd.

Karachi.