Suit for Dissolution of Marriage by Way of Khula

IN  THE  COURT  OF          FJ &  G & w  JUDGE  KARACHI  CENTRAL

F.S. No.        /11

 

Mst. RUBAB

D/o. Muhammad Salim Shaikh

Muslim, adult, R/o. House No. 84,

Akram abad,

Liaqat abad,

Karachi                            ……………………………………       PLAINTIFF

VERSUS

 

Muhammad WAQQAS

Son of Allah Meher Qureshi,

Muslim, Adult, R/o. House No. 102,

Jahangir abad,

Nazim abad,

Karachi                                 ………………………………          DEFENDANT

SUIT  FOR  DISSOLUTION  OF  MARRIAGE  BY  WAY

OF KHULA AND RECOVERY OF DOWRY ARTICLES

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in 11.05.2009, as per Shariat Law, in consideration of dower amount of Rs. 11,000/=(Rupees Eleven Thousand only) which is still unpaid, Photocopy of  Nikahnama is annexed herewith and marked as Annexure “P/1”.

2.                  That rukhsati took place at same day; the plaintiff’s parents presented dowry articles i.e. tv, refrigerator, golden ornaments alongwith furniture etc, worth of Rs.             /= (Rupees                                   ) to the plaintiff to facilitate her at defendant’s home abovementioned. Photocopy of list of dowry articles alongwith Receipt/Bills are enclosed herewith and marked as Annexure “P/2 to P/        ”.

3.                  That after rukhsati,  relations between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant did not maintain her properly but her parents, besides this the Plaintiff tried to lead a harmonious married life, she served the Defendant as well his parents, brother and sister as a servant, inspite of this behaviour toward her she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family, the Defendant used to beat her brutally severally and used filthy language against her and her parents. The Plaintiff was maintained by her parents.

4.                  That the defendant is addicted and jobless person and always suspected her character in the whole matrimonial life.

5.                  That since the marriage took place the Defendant did not give permission to see with her parents, sisters, brothers properly, she met them in presence of anyone member of his family.

6.                  That the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and used filthy language against her and her parents and then used to make apologize.

7.                  That in April 2011, the Defendant, on some pity reasons, on instigation of his mother & sister the Defendant beaten her beastly and used filthy language against her and her parents and turned her out in three clothes, while all the dowry articles i.e. tv, refrigerator, gold ornaments alongwith furniture worth of Rs.                     /= are lying in the Defendant’s house. Since April 2011 the plaintiff is living in her parents home.

8.                  That under the circumstances mentioned above, the Plaintiff has developed hatred toward the defendant and it is beyond her control to live together within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in consideration of dissolution of marriage by way of Khula.

9.                  That the cause of action accrued to the plaintiff when the Defendant beaten her and used filthy language firstly and after that day by day and finally when he turned her out of his house with her six children, she is residing within limits of P.S Liaqatabad, which is within jurisdiction of this Hon’ble Court.

10.             That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

P R A Y E R

                              It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

A)                           To dissolve the marriage by way of Khula.

B)                            To recover all dowry articles i.e. tv, refrigerator, gold ornaments, furniture etc, worth of Rs.               /= as per list of dowry articles.

C)                            Costs of the suit.

D)                           Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated:            ---/10/2011.

PLAINTIFF

Advocate for the Plaintiff

VERIFICATION

                    I, Mst. RUBAB Daughter of Muhammad Salim Shaikh, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/10/11.                                                              

Deponent/Plaintiff

The deponent identified by me

S.M.  ZUBAIR

(ADVOCATE)

Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    Annexure P/1 to P/    .

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFENDANT                                        Cloth, Robson road, Karachi

Suit For Dissolution Of Marriage By Way Of Khula

IN THE COURT OF      FAMILY JUDGE   KARACHI  CENTRAL

F.S.NO.     /2001

Mst. NAHID

D/o. Imdad Ali,

Muslim, adult, R/o. House No.20,

Block – 18, KDA Colony,

Karachi                            ……………………………………       Plaintiff

VERSUS

 

Muhammad AAMIR

Son of Muhammad Ismail,

Muslim, Adult, R/o. House No. L-1/A-47,

Surjani,

Karachi                                 ………………………………          Defendant

SUIT FOR DISSOLUTION OF

MARRIAGE  BY WAY OF KHULA

The Plaintiff abovenamed states as under: -

1.                  That the Plaintiff was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, AMMAN, aged about three & half month, was born out of this wedlock. Nikahnama is in custody of the Defendant.

2.                  That rukhsati took place at same day, and relation between the spouses remained harmonious for few days and then the defendant started to inflict mental & physical torture and mal-treated the Plaintiff, since the marriage was taken place the defendant never maintained her properly, but the Plaintiff tried to lead a harmonious married life, she served the Defendant as well his parents, brother

3.                  s and sister as a servant besides this she loved him so much, but the whole family of the Defendant spare no opportunity to degrade her, on false complaints made by the whole family the Defendant used to beat her severally.

4.                  That since the marriage took place the Defendant did give permission to see with her parents, sisters, brothers, hardly 3/4 times she met them in presence of any one member of his family.

5.                  That the defendant used to come with his friends seems to be ghundas and ordered to fulfill all kinds of wishes of them, on refusal to beat brutally and severally and miserably and then used to make apologize.

6.                  That in present month the Defendant, on some pity reason, on instigation of his mother & sister the Defendant beaten her beastly and turned her out, alongwith sucking baby in three clothes, from his house, due to this she had to take shelter in the house of the plaintiff’s father and since then she is living with her parents, while all the dowry articles and golden ornaments worth of Rs.56000/= are lying in the Defendant’s house, she reserves the right to recover the same separately.

7.                  That now it is not possible for the plaintiff to live together a harmonious married life. The Plaintiff has developed hatred toward the defendant as such she cannot live together according to the limits prescribed by Al-Mighty ALLAH, the Plaintiff is prepared to forgo her dower in consideration of dissolution of marriage by way of Khula.

8.                  That the cause of action accrued to the plaintiff when the Defendant turned her out of his house, she is residing within limits of P.S _________________, which is within jurisdiction of this Hon’ble Court.

9.                  That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

PRAYER

                              It is respectfully prayed that this Hon’ble Court may be pleased to pass Judgment and Decree in favoure of the Plaintiff against the Defendant claims: -

A)                           To dissolve the marriage by way of Khula.

B)                            Costs of the suit.

C)                            Any other relief, which this Hon’ble Court deems fit and proper in the circumstances of the case.

Karachi.

Dated:            ---/---/04.

P L A I  N T I F F

S.M. Zubair

Advocate for the Plaintiff

VERIFICATION

                                   I, Mst. NAHID D/o. Imdad Ali, Muslim, adult, resident of Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/0   /04. 

Deponent/Plaintiff

The deponent identified by me.

SM  ZUBAIR
(ADVOCATE)

      

                               Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                                       

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he/she seems to be understood the same and set his/her signature/thumb impression. 

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENTS FILED                             :    NIL.

DOCUMENTS RELIED UPON              :   ALL RELEVANT DOCUMENTS  

ADDRESS OF DEFENDANTT              :   AS PER TITLE OF THE SUIT.

FOR SERVICE.

ADDRESS OF THE COUNSEL             :   31, BARI CHAMBERS, Near Jama  

FOR DEFEND                                                Cloth, Robson road, Karachi

IN THE COURT OF      FAMILY JUDGE   KARACHI  CENTRAL

F.S.NO.     /2001

Mst. NAHID ……………………………………                      Plaintiff

VERSUS

 

Muhammad AAMIR ………………………………                Defendant

AFFIDAVIT

                               I, Mst. NAHID D/o. Imdad Ali, Muslim, adult, resident of Karachi, do hereby state as under: -

1.                              That I am the Deponent/Plaintiff of this affidavit and as such am fully conversant with the facts of the matter deposed herein.

2.                              That I say that was married with the Defendant at Karachi, in August 2002, as per Shariat Law, in consideration of dower amount of Rs.25,000/=(Rupees Twenty Five Thousand only) which is still unpaid, and one male issue, AMMAN, aged about three & half month, was born out of this wedlock. Nikahnama is in custody of the Defendant.

3.                              That whatever stated above and in the accompanying Plaint is true and correct to the best of my knowledge and belief.

Karachi.

Dated: - ---/----/04.

DEPONENT

                 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2004, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF      FAMILY JUDGE   KARACHI  CENTRAL

F.S.NO.     /2001

Mst. NAHID ……………………………………......               Plaintiff

VERSUS

 

Muhammad AAMIR ………………………………                Defendant

LIST OF WITNESSES

Suit For Dissolution Of Marriage By Way Of Khula

IN THE COURT OF      FAMILY JUDGE   KARACHI  CENTRAL

F.S.NO.     /2001

Mst.Shabana Uzma D/o. Imran Ahmed (late)

Muslim, adult, R/o. B-2-14 Peoples colony,

North Nazimabad, Karachi ………………………………………    Plaintiff

VERSUS

 

Kashif Ali  son of Perwaiz Ahmed,

Muslim, adult, R/o. R-758, Sector 15-A,

Buferzone, North Karachi ……………………………………….    Defendant

SUIT FOR DISSOLUTION OF

MARRIAGE  BY WAY OF KHULA

    

     The Plaintiff abovenammed respectfully submits as under: -

1.      That the plaintiff abovenamed was married with the defendant at Karachi on 

      15.10.2000 as per Shariat Law and dower amount was fixed Rs.20000/=(Rupees Twenty thousand only) which is still unpaid.

2.      That the relation between the spouses remained harmonious for few days and then the defendant started torture mentally physically and mal-treated theplaintiff, since the marriage was taken place the defendant never maintained her properly.

3.      That since the marriage was taken place the defendandant had not performed matrimonial with the plaintiff but he had relations with other women and some Ghundas elements, the defendant used to order to fulfill his all kinds of wishes, on refusal to beat brutally and severally and miserably turned her out of his house and then used to make apologize and brought her in his house. 

4.      That the defendant used to demand money and on refusal he used filthy language and leveled allegation on her character, and the defendant tried his level best to lead her life as a wanton, so that he may play gamble, due to this attitude towards the plaintiff, it developed hatred against the defendant and it is beyond her control to live with him within limits prescribed by AL-MIGHTY ALLAH.

5.      That the defendant beaten the plaintiff and used filthy language on pity matters and turned her out from his mothers house and asked he will murder her if she came back on                     since then she is residing with her parent and all dowry articles are in the house of defendant, the plaintiff reverse her right to recover the same.

6.      That the defendant beaten the plaintiff and used filthy language on pity matters and turned her out from his house and asked he will murder her if she comes back on         since then she is residing with her parents and all dowry articles

7.      That the cause of action arose firstly when the defendant beat her and used filthy language and turned her from his house on        now the plaintiff feels unsafe for her life.

8.      That under the circumstances mention above it is beyond her control to live together within limits prescribed by AL-MIGHTY ALLAH and plaintiff is ready to waive/forego her dower amount in lieu of KHULA.

9.      That the plaintiff resides within the limits of P.S                 which is within the jurisdiction of this Honble court.

 P  R  A  Y  E  R

  The plaintiff prays for the following relieves: -

A)          That this Honble court may be pleased to dissolve this marriage and to pas judgement and decree in favour of the plaintiff and against the defendant.

B)      That this Honble court may be pleased to dissolve the marriage by way of Khula in that case the plaintiff is prepared to forego her dower amount.

C)      That any other relief which under the circumstances of the case this Honble court deems fit kindly be granted to the plaintiff against the defendant.                                                               

        

        Karachi

        Dated:

PLAINTIFF

S.M. ZUBAIR

ADVOCATE FOR THE PLAINTIFF.

Suit For Dissolution Of Marriage By Way Of Khula

IN THE COURT OF ­­_________ FAMILY JUDGE  KARACHI  ____________.

Family Suit No. …/04

Nazia,

Adult, R/o. Nomaish

Karachi ………………………………………………………………….. PLAINTIFF

 

VERSUS

Muhammad Wasim,

Muslim, adult, R/o. Siraj Colony,

Karachi …………………………………………………………..…..…   DEFENDANT

SUIT FOR DISOLUTION OF MARRIAGE BY WAY OF KHULA

The plaintiff abovenamed states as under: -

1.          That on 07.02.2002 the defendant married the plaintiff at Karachi, on agreed dower amount of Rs.50,000/=(Rupees Fifty Thousand only)which was payable on demand. Photo copy of Nikahnama is filed herewith and marked "A'.

2.          That the Defendant was a Christian and his name was William S/o. Inayat the defendant approached the plaintiff and assured him that she loves the plaintiff and she may marry with the plaintiff if he embraces Islam her that they will lead a harmonious married life and defendant loves her so much and cannot live without her. The defendant also insisted that both of them shall not consult their parents for consent and approval of the marriage and the plaintiff shall accompany the defendant to City Court and after completing the formalities to perform Nikah and she will convince her parents for this marriage.

3.          That the plaintiff is living with mother and younger brother and sister the defendant was staying with the plaintiff upto June1999 as soon as the defendant came to know that the plaintiff and insisted for abortion which the plaintiff refused and also the relations become strained. The defendant has not paid anything towards her maintenance.

4.          That the defendant has not given anything except a pair of clothes and a ring at the time of Nikah.The defendant on plaintiff's demand for payment of dower threatened her for dire consequences unless she forgo the dower amount.

5.          That the defendant then started harassing the plaintiff was very much upset and  made application to the police that the defendant is likely to grievously hurt or kill her so the protection may be given to the plaintiff and his family. The defendant has made life of the plaintiff most miserable by his acts and deeds. The plaintiff is less than eighteen (18) years and passing sleepless nights in fear. She is also entitled to exercise option of puberty.

6.          That it is not possible for the plaintiff to live together a harmonious married life. The defendant has committed fraud and now continued threatening plaintiff and her mother as such the plaintiff has developed hatred to the defendant as such she cannot live together according to the limits of God.Icase of dissolution of marriage by way of Khula the plaintiff is prepared to forgo her dower and maintenance.

7.          That the cause of action accrued to the plaintiff within jurisdiction of this Hon'ble Court at P.S.Rizvia, Karachi on 21.3.1999 when the Nikah was performed and subsequently when the defendant stopped coming to the plaintiff's house and insisted for abortion of the child the plaintiff conceived and also otherwise the life of the plaintiff become more miserable due to defendant's conduct and started hating him.

8.          That the prescribed court fees stamps has affixed as the suit is valued in accordance with the provision of Family Court Act.

9.          That the plaintiff prays for the following relief.

a)      That the marriage of the plaintiff with the defendant may kindly be dissolved.

b)      That in alternative the marriage of the plaintiff with the defendant may kindly be dissolved by way of Khula in that case she is prepared to forgo her dower and maintenance.

c)      That any other relief which under circumstances of the case the Hon'ble court may deems fit kindly be granted to the plaintiff against the defendant.

Karachi.

Dated:

DEPONENT

S.M.ZUBAIR

Advocate for the Plaintiff

VERIFICATION

I, Mst. Nazia D/o. Abdul, Muslim, adult, R/o. Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi    

Dated: ----/07/11.                                                              

Deponent/Plaintiff

The deponent identified by me.

S.M.  ZUBAIR

 (ADVOCATE)

      

                  Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and he/she seems to be understood the same and set his/her signature/thumb impression.

         COMMISSIONER FOR TAKING AFFIDAVITS