Monday, 27 April 2020

Suit for Dissolution of Marriage by way of Khulla



IN THE COURT OF        FAMILY JUDGE AT KARACHI WEST          


F.S. No.             / 2019  

Sana

D/o 

Muslim, Adult, R/o ABC
Saeedabad, Baldia Town,
Karachi. ---------------------------------------------------------PLAINTIFF

VERSUS


Karim Bux
S/o Imam Din,
Muslim, Adult, R/o XYZ
Gali No: 3, Darya Abad, Liari,

Karachi---------------------------------------DEFENDANT


 SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA



The plaintiff abovenamed most respectfully begs to submit as under:-

1.  That the plaintiff was married with the defendant on 11-07-2019, at Karachi, according to the Muslim Family Law, against the dower amount of Rs.100,000/-, which is still unpaid.

Photocopy of Nikahnama is enclosed herewith and marked as annexure ‘A’.

2.        That after Nikah, took place and marriage was duly consummated between the spouses, while from the said wedlock there is no issue was born.

3.        That after some time of marriage, defendant changed his behaviour and showed his true colors of his eyes and started rude behaviour with the plaintiff and made her life miserable day by day.

  
4.           That the defendant used to torture, abuse & maltreat the plaintiff but the plaintiff having no alternate shelter endured all that just under the hope that by the passage of time the defendant will realize his responsibilities and resultantly in future a happy & normal matrimonial life will start for the plaintiff but all such hopes of the plaintiff went in vain due to continuous habitual misconduct, maltreatment, ill attitude, immoral and financial demands and illegal activities of the defendant.

5.           That after one month of Nikah, the defendant beaten kicked out the plaintiff from his house and since then he neither made any contact with the plaintiff nor sent single penny in lieu of maintenance.


6.           That neither the defendant ever did not provide plaintiff any love or affection nor the defendant performed his legal & moral matrimonial obligations towards the plaintiff as prescribed under Islam. Further that the plaintiff had tried her level best to incline the defendant for desisting from his immoral demands, ill attitude, unlawful conduct, illegal financial demands and un-human behaviour and to realize him the matrimonial responsibilities laid upon him by Almighty Allah, but due to obstinacy of the defendant all sincere efforts of the plaintiff remain result less.

7.           That now the plaintiff has developed serious hate in her heart against the defendant and now under the circumstances, she will preferred to die instead of rejoining the defendant as his wife, hence this suit for dissolution of marriage by way of khula.

8.           That plaintiff is ready to forgo her dower amount in lieu of Khula granted by this Hon’ble Court.

9.           That the cause of action has arisen to the plaintiff against the defendant for filing the instant suit firstly when soon after the marriage, the defendant started maltreatment, abuse, harass and beaten the plaintiff on petty matters, secondly after the one month of marriage when the defendant beaten and kicked out the plaintiff from his house and since then he neither made any contact nor sent single penny in lieu of maintenance and the same cause of action is still continued day to day till the instant suit of the plaintiff is decreed as prayed.

10.       That the plaintiff is residing at the above mentioned address, within the territorial limits of P.S. Saeedabad, which is within the jurisdiction of this Hon’ble Court.

11.       That the proper Court fee as prescribed under the law has been affixed on the plaint.
PRAYER
It is, therefore, respectfully prayed that this Hon’ble Court may graciously be pleased to pass a Judgement
and Decree in favour of the plaintiff and against the defendant as follows.

a).    To dissolve the plaintiff’s marriage with the defendant by way of Khula, as the plaintiff is ready to forgo her dower amount in lieu of Khula.

b).    To grant cost of the Suit or any other relief(s) which this Hon’ble Court under the facts and circumstances of the matter may deem fit and proper.



PLAINTIFF
Karachi.

Dated:       -11-19           ADVOCATE FOR THE PLAINTIFF



IN THE COURT OF        FAMILY JUDGE AT KARACHI WEST          


F.S. No.             / 2019



Sana---------------------------------------------------------PLAINTIFF


VERSUS


Bilawal Khan--------------------------------------------DEFENDANT



LIST OF WITNESSES



1. Plaintiff.                                She will corroborate the
Version of the Plaintiff.


2.                                               Support the Version
                   of Plaintiff.


3.                                             ------------do----------

  







Karachi:

Dated:       -11-2019                   Advocate for the plaintiff












IN THE COURT OF        FAMILY JUDGE AT KARACHI WEST          


F.S. No.             / 2019


Sana----------------------------------------------------------------PLAINTIFF


VERSUS


Bilawal Khan---------------------------------------------------DEFENDANT


AFFIDAVIT.

I, Mst. Sana D/o Muhammad Siraj, Muslim, Adult, R/o Karachi, do hereby state on Oath as under:

1.           That I am plaintiff in the above titled suit and deponent of this affidavit as such am fully conversant with the facts of the matter deposed to below.

2.           That the accompanying suit for dissolution of marriage by way of Khula has been drafted and filed under my specific instructions & on my behalf and the contents whereof are true and correct and the same may please be treated as part of this affidavit for the sake of brevity.

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


Karachi:
Dated:     -11-2019                                                         DEPONENT

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