Wednesday, March 5, 2014

Recovery of Gold Ornaments

IN THE COURT OF ____ SENIOR CIVI JUDGE AT KARACHI CENTRAL

Civil Suit No: _______/ 2012

Qureshi VERSUS Mst. M

SUIT FOR RECOVERY OF GOLD ORNAMENTS

The plaintiff above named respectfully submits as under:-

1}. That the Nikah ceremony of the plaintiff with the defendant took place, on 24-09-2010, against dower amount 15,000/- at Karachi, according to Sunni Muslim Family Laws Ordinance1961, and Rukhsati took place on the same day of Nikah. (Copy of Nikahnama is attached and marked as annexure A).

2}. That at the time of marriage and after marriage plaintiff gave many articles to defendant including gold ornaments i.e. 1. One Gold set with ring (26.356 gm), 2. One Gold Chain(5.120 gm), 3. One Gold Bracelet (5.478 gm). Total weight = 36.954 gm (copies of Cash memo of Gold Ornaments and marked as annexure A-1, A-2, A-3).

3}. That, soon after marriage some misunderstandings create between the parties and without any solid reason defendant filed a suit for dissolution of marriage by way of Khula bearing Family Suit No. 91/2010 before IInd Family Judge Central, Karachi on dated 21-05-2011 and after proceeding Khula has been granted on dated: 29-11-2011, without given any chance for reconciliation/pretrial to plaintiff with defendant. (copy of Suit, Judgment and Decree are attached and marked as annexure A-4, A-5, A-6).

04}. That, after granted Khula plaintiff filed an application on 20-12-2011 before the Honourable court of IInd Family Judge Central, Karachi to give him a chance/recall order of 29-11-2011 but subsequently was dismissed on 06-02-2012. (copy of recall order application and order of 06-02-2012 are attached and marked as annexure A-7, A-8, A-9).

05}. That the plaintiff according to court order returned all dowry articles to defendant as per list and Cash rupees 95,000/- on non-availability of few article without creating any objection/hindrance. But defendant did not return the Gold ornaments to the plaintiff on his several request/demand and also mentioned in his written argument (copy of W/S is attached and marked as annexure A-10) which was filed by plaintiff as a defendant in his suit.

06}. That the plaintiff is a caring and loving person and he is still ready for the reconciliation and in this regard he has filed a C.P. __/2012 against the orders dated 29-11-2011 and 06-02-2012 passed by IInd Family Judge Central, Karachi, in the Honourable High Court of Sindh at Karachi (copy of cause lists of high court regarding CP No. _/2012 are attached and marked as annexure A-11, A-12).

07}. That the above mentioned Gold ornaments are for only plaintiff’s wife if the defendant is agree to live with plaintiff being a wife he will never claim that articles otherwise defendant has no legal right to keep that above mentioned gold ornaments.

08}. That, the cause of action accrued to the plaintiff against the defendant, Firstly when the marriage (Nikah) ceremony of plaintiff was solemnized with defendant on 24-09-2010, Secondly when the defendant filed suit for dissolution of marriage by way of Khula on 21-05-2011, Thirdly when Khula granted on 29-11-2011 and lastly when defendant refused to return the dowry article (Gold Ornaments) to the plaintiff the same cause of action is still continuing till filling of this suit.

09}. That, the plaintiff is residing with in the limits of P/S Gulberg which exclusively falls within the jurisdiction of this Honourable Court and this Honourable Court is fully competent to adjudicate the matter.

10}. That, the requisite court fee has been paid.

PRAYER

It is therefore prayed that this Honourable Court may be pleased to pass judgment decree in favour of plaintiff against the defendant as under:-

A}. To direct the defendant to return the Gold ornaments as per list to the plaintiff in case of failure defendant will be paid Rs. 200,000/- (Rupees Two hundred thousand only) in respect of dowry articles to the plaintiff.

B}. Cost of the suit.

C}. Any other relief or relieves which accordingly to the circumstances the court may deem fit.

Karachi.

Dated:_____________

PLAINTIFF

VERIFICATION

I,_______ Son of _______ R/o. House No. _________, 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

Deponent/plaintiff identified by me

Advocate for Plaintiff

Solemnly affirmed on oath before me by the deponent above named at Karachi this _________ day of JULY 2010 who has been identified to me by S M ZUBAIR Advocate who is known to me personally.

THE ADVOCATE