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.
