IN THE HONOURABLE COURT OF CIVIL/FAMILY
KARACHI (SOUTH)
Family Suit No. of 2022.
Mst Samina....…………………………..……………Plaintiff
VERSUS
ABC....………..……………………………………..…..Defendant.
SUIT FOR DISSOLUTION OF MARRIAGE, RECOVERY
OF MAINTENANCE & DOWERY ARTICLES
It is respectfully submitted on behalf of above named
plaintiff as under:-
1. That the plaintiff solemnized marriage with the
defendant on dated 2017 with the consent of parents in
consideration of dower amount of Rs.100,000/- which is still not
given/unpaid despite repeated demands of plaintiff.(Copy Of
Nikahnama Attached)
2. That after the marriage the Rukhsati took place on
same day and the parents of plaintiff had given dowry articles
viz 1) Refrigerator, 2) Double Bed, 3) Dressing Table, 4) Divider,
5) Crockery and 10 Tola Gold Ornaments valued of Rs
2000,000/- same were delivered to the house of, thereafter
plaintiff started to reside with the defendant at his house.
3. That out of said wedlock one issue was born namely
ABC aged about 6 year who is presently in the custody of
Defendant.
4. That the attitude of the defendant remained
satisfactory for few months, thereafter attitude of the defendant
with the plaintiff was changed and started quarrel with the
plaintiff and used to maltreat to the plaintiff on petty matters.
5. That the plaintiff also came to know that defendant
is a man of questionable character and habitual to take
intoxication and make a relationship with other ladies plaintiff
complain to the elders of the defendant for such act of the
defendant but they did not pay any heed.
6. That the plaintiff being an obedient and new married
wife tolerated the entire scene but defendant kept beating to
plaintiff cruelty on a petty matters and also stop to give the
maintenance to plaintiff.(Copy of Photos Attached)
7. That the conduct of the defendant was painful, as he
used to tortured the plaintiff mentally and physically therefore
plaintiff did not pass her life in rest and peaceful, defendant
used to upset the plaintiff by using abusing, cheap language.
8. That the defendant also did not maintain the plaintiff
and her minor baby properly, even the defendant did not
provide basic necessities of life to the plaintiff and her minor.
9. That the plaintiff tolerated this objectionable attitude
of the defendant and tried her level best to get the defendant
understand his responsibilities but the defendant did not mend
his ways and continued objectionable attitude towards the
plaintiff.
10. That finally on Dated 07-09-2022 the defendant
severally beaten to the plaintiff snatched baby and ousted her
from his house, plaintiff is residing at above mentioned address
at her parents’ house, while all dowry articles of plaintiff are
still lying at the house of defendant.
11. That since the defendant ousted the plaintiff, the
defendant next morning came to Plaintiff Parents House and
Threat them if you took any step against me you will face dire
consequences.
12. That the defendant is Government officer BPS-16
and also run business and earns 200,000/- monthly but despite
of that the defendant miserably failed to provide the
maintenance to the plaintiff and her minor.
13. That after plaintiff approached to the defendant
went for custody of minor, for return of dowry articles and
maintenance, but the defendant flatly refused to give anything
and he has miserably failed to give custody of minor and return
of dowry articles.
14. That in the light of disclosed circumstances as above
plaintiff seeks Khulla from the defendant to file this present suit
15. That, under the above facts and circumstances the
plaintiff has created heart and her mind against the defendant
and is certain that she cannot live with the defendant anymore
within the prescribed limits of “Almighty of Allah” hence she
claims Dissolution of marriage by way of Khulla, on the above
mentioned grounds and in alternate on the grounds of Khulla.
Hence this suit.
16. That the cause of action for filing this suit accrued
when on Dated 07-09-2022 the defendant ousted the plaintiff
from his house secondly when plaintiff approached to defendant
for custody of minor and maintenance so also return of dowry
articles but defendant totally refused to do the same.
17. That the proper court fee is affixed on the plaint.
18. That the plaintiff is residing within the jurisdiction of
P.S Daraksha Karachi (south), therefore this Honourable
Court has jurisdiction to entertain this matter.
19. That therefore plaintiff prays as under:-
PRAYER
a) This Honourable Court may be pleased to
dissolve the marriage of Plaintiff with the
defendant by way of Khula on the ground
cruelty, non-maintenance and torture.
b) That this Honourable Court may be pleased
to direct the defendant to pay the
maintenance to the plaintiff at the rate of
Rs 20,000/- per month since November 2022
till the iddat period.
c) That this Honourable Court may be pleased
to direct the defendant to pay the
maintenance of minor of plaintiff at the rate of
Rs 25,000/- from the date of institution of
suit till the majority of minors with
enhancement of 20% per annum.
d) That this Honourable Court may be pleased
to direct the defendant to return the all dowry
articles as mention in the Para No.2 of the
plaint, in case of loss, damage or non
handing over any item the amount of
Rs 2000,000/- may kindly be paid to the
plaintiff.
e) That the costs of the suit be born upon the
defendant
f) Any other relief which this Honourable Court
may deems fit just and proper under the
circumstances of the case.
Hyderabad
Dated: 12 -04-2023 PLAINTIFF
ADVOCATE
FOR PLAINTIFF
VERIFICATION
I, Mst Samina d/o abc muslim adult daraksha,
Karachi south do hereby take an oath and state on solemn
affirmation that whatever stated above is true and correct to the
best of my knowledge and belief.
Hyderabad
Dated 12-04-2023 DEPONENT
The deponent is identified by me
ADVOCATE
Solemnly affirmed on oath before me on this 12 day
of April 2023, by the deponent above named, who has been
identified by Mr. M. Faroq siyal, who is personally known to
me.
COMMISSIONER FOR TAKING AFFIDAVIT.
The contents of the affidavit were first truly and
audibly read over and explained to the deponent above named
and he seems to have fully understood the same and signed in
my presence.
COMMISSIONER FOR TAKING AFFIDAVIT.
DOCUMENTS FILED
1. Photo Copy of Nikah Nama
2. Copy Of photos
DOCUMENTS RELIED UPON
All Relevant documents.
IN THE HONOURABLE COURT OF CIVIL/FAMILY
KARACHI (SOUTH)
Family Suit No. of 2023
Mst Samina ...……………………..………….………Plaintiff
VERSUS
ABC………..………………………..…………..…..Defendant
LIST OF WITNESSES
1. Plaintiff herself
Father of plaintiff
2. Mst
Mother of plaintiff
Hyderabad
Dated: 12.04. 2023 ADVOCATE
FOR PLAINTIFF
IN THE HONOURABLE COURT OF CIVIL/FAMILY
KARACHI (SOUTH)
Family Suit No. of 2023.
Mst Samina...……………………..…………………Plaintiff
VERSUS
ABC ………………………..…………..…………..Defendant
APPLICATION U/S: 17-A OF FAMILY COURT ACT
It is prayed on behalf of the plaintiff that this Honourable
Court may be pleased to grant interim maintenance to plaintiff of
Rs 20,000/- per month as well as maintenance of Rs 25,000/-
for minor ABC aged about 06 Year, on the grounds mentioned in
supporting affidavit.
This prayer is made in the interest of justice.
Hyderabad
Dated: 12.04. 2023 ADVOCATE
FOR PLAINTIFF
IN THE HONOURABLE COURT OF CIVIL/FAMILY
KARACHI (SOUTH)
Family Suit No. of 2023.
Mst Samina ...……………………..…………………Plaintiff
VERSUS
ABC ………………………..…………..…..Defendant
AFFIDAVIT
I, Mst Samina d/o abc muslim adult daraksha,
Karachi south do hereby state on oath as under:-
1. That I am plaintiff in the above matter, hence well
conversant with the facts of the matter.
2. That the accompanying application U/S:17-A of
Family Court Act has been drafted and moved under my
instructions, contents of which having being read over and
explained to me in my mother tongue, same are true and correct
and may be treated as part and parcel of this affidavit for the
sake of brevity.
3. That I say that I and my minor are entitled for
maintenance allowances, as such defendant is under legal
obligation to maintain according to law and sharia.
4. That the grant of the accompanying application will
meet the end of justice.
5. That whatever stated above is true and correct to the
best of my knowledge and belief.
Hyderabad
Dated 12.04.2023 DEPONENT
The deponent is identified by me
ADVOCATE
Solemnly affirmed on oath before me on this 12 day
of April 2023, by the deponent above named, who has been
identified by Mr. M. FArooq siyal Advocate, who is personally
known to me.
COMMISSIONER FOR TAKING AFFIDAVIT.
