F.S. No. / 2020
1. Fehmida D/o Suleman
Muslim, Adult, R/o Katchi Para,
Bhutta Village, Baloch Compound,
Kemari, Karachi.
2. Sania D/o Ramzan
Muslim, Minor, through her mother /
Plaintiff No.1.
3. Aqsa D/o Ramzan
Muslim, Minor, through her mother /
Plaintiff No.1
4. Saba D/o Ramzan
Muslim, Minor, through her mother /
Plaintiff No.1
5. Muzammil S/o Ramzan
Muslim, Minor, through his mother /
Plaintiff
No.1--------------------------------------------PLAINTIFFS
VERSUS
Ramzan
S/o Dawood
Muslim,
Adult, R/o Katchi Para,
Bhutta
Village, Baloch Compound,
Kemari, Karachi -----------------------------------------------DEFENDANT
SUIT FOR DISSOLUTION OF MARRIAGE
BY WAY OF KHULA & RECOVERY OF MAINTEANANCE
The plaintiffs abovenamed most respectfully begs
to submit as under:-
1. That the plaintiff No.1 was married with the
defendant on 28-04-1995, according to the Muslim Family Law, against the dower
amount of Rs.10,350/-, out of which an amount of Rs.10,000/- is unpaid.
Affidavit in place of Nikahnama is enclosed herewith and marked as
annexure ‘A’
2. That after marriage Rukhsati took place and
marriage was duly consummated and from the said wedlock Plaintiffs Nos. 2 to 5
were born, who all are under the lawful custody of the plaintiff No.1. Photocopies
of Birth Certificates of minor Plaintiffs are enclosed herewith and marked as
annexures B to B-2.
3. That after marriage it came to the knowledge of
plaintiff No.1 that the defendant is very difficult person and soon after the
marriage he changed his behaviour and showed true colors of his eyes and started rude behaviour with
the plaintiff No.1 and made her life miserable day by day.
4.
That the
defendant always use to beat, torture, abuse & maltreat the plaintiff No.1
but she 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 her but all such hopes of
the plaintiff went into vain due to continuous habitual misconduct,
maltreatment, ill attitude, immoral demands and illegal activities of the defendant.
5.
That
defendant failed to properly maintain the plaintiffs, as the children are
studying in School and all their expenses are responsibility of the defendant
but he neither maintaining the plaintiffs nor giving any interest about their maintenance.
6.
That neither
plaintiff No.1 was ever provided any love or affection by the defendant nor the
defendant performed his legal & moral matrimonial obligations towards the plaintiff as prescribed under Islam.
Further that the plaintiff No.1 had tried her level best to incline the
defendant for desisting from his immoral demands, ill attitude, unlawful
conduct 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 No.1 remain resultless. It will
not be out of place to disclose here that some common well wishers of both the
parties have also tried to incline the defendant for keeping the plaintiff No.1
as his wedded wife by providing her the rights and to behave with her like a
human but the defendant did not pay ahead towards those sincere advises.
7.
That on
________, the defendant after beaten the plaintiff No.1 kicked out her from his
house alongwith minor plaintiffs only wearing them three clothes and since then
they all are residing in the house of plaintiff No.1 and on the other hand
neither defendant made any contact nor sent single penny in lieu of maintenance
of the plaintiffs and the parents of plaintiff No.1 are maintaining them.
8.
That the
defendant earns more than Rs. 30,000/- in a month, therefore he is liable to
pay past maintenance of plaintiff No.1 at the rate of Rs.3000/- per month,
since ________ till the completion of Iddat period, after Khula.
9.
That the
defendant being father of plaintiffs No.2 to 5 is liable to pay past and future
maintenance of the plaintiffs No.2 to 5 since ________ to onwards at the rate
of Rs.3000/- per month for each plaintiff, on the increment of 10% annually.
10. That the plaintiff No.1 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.
11. That plaintiff is ready to forgo her dower amount
in lieu of Khula granted by this Hon’ble Court.
12.
That the
cause of action has arisen to the plaintiffs against the defendant for filing
the instant suit against the defendant firstly when plaintiff No.1 was married
with the defendant and thereafter defendant miserably failed to fulfill his
legal, moral, marital obligations from his part, secondly when defendant failed
to maintain the plaintiffs, thirdly when defendant use to beat, abuse, maltreat and
torture the plaintiff No.1, and the same cause of action is still continued day
to day till the instant suit of the plaintiff is decreed as prayed.
13. That the plaintiff is residing at the above
mentioned address, within the territorial limits of P.S. ________, which is within the jurisdiction of this Hon’ble
Court.
14. 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 Judgment and Decree in favour of the plaintiff
and against the defendant as follows:
a). To
dissolve the plaintiff No.1’s marriage with the defendant by way of Khula, as
the plaintiff is ready to forgo her dower amount to the defendant in lieu of
Khula.
b). To
direct the defendant to pay the past and future maintenance of the plaintiff
No.1 at the rate of Rs.3000/- per month from _______
till the Khula grant by this Hon’ble Court, including Iddat period.
c). To direct the defendant to pay past and future
maintenance of the plaintiffs No.2 to 5 since ________ to onwards at the rate
of Rs.3000/- for each plaintiff, on the increment of 10% annually.
d). 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: -04-2020
ADVOCATE FOR THE PLAINTIFF
VERIFICATION
I, Fehmida D/o Suleman, Muslim, Adult, R/o Karachi, the
plaintiff in the above matter do hereby solemnly affirmed and verify on Oath
that the contents of all the above paras including prayer clauses are true and
correct to the best of my knowledge and belief.
Karachi:
Dated: -11-2009 DEPONENT
Identified
by me.
ADVOCATE
Sworn before me on Oath at Karachi on this ____ day of
November 2009, by the deponent abovenamed who is identified to me by Mr. Ahmed Memon Advocate, who is known
to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
The contents of above paras have been truly and audibly
ready over to the deponent in Urdu language as she is ignorant of English
language and after understanding the same she put her thumb impression /
signature in my presence.
COMMISSIONER
FOR TAKING AFFIDAVIT.
DOCUMENT FILED As
per annexures.
DOCUMENTS RELIED UPON Original of the Annexures, and all
other relevant
documents.
ADDRESS OF THE PARTIES As in Title.
ADDRESS FOR SERVICE OF
PLAINTIFF’S COUNSEL. As
in Vakalatnama.
F.S. No. / 2020
Fehmida
& Others----------------------------------------------PLAINTIFFS
VERSUS
Ramzan ----------------------------------------DEFENDANT
LIST
OF WITNESSES
1. Plaintiff No.1. She
will corroborate the
Version
of the Plaintiff.
2. He will Support the Version
of
Plaintiff.
3. ------------do----------
Karachi:
Dated: -04-2020 Advocate
for the plaintiffs
IN THE COURT OF FAMILY JUDGE AT KARACHI
F.S. No. / 2020
Fehmida
& Others----------------------------------------------PLAINTIFFS
VERSUS
Ramzan ---------------------------------------DEFENDANT
APPLICATION U/S 17-A OF THE SINDH FAMILY COURT ACT 1964
For
the reasons disclosed in the accompanying affidavit, it is prayed on behalf of
the plaintiffs above named that this Hon’ble Court may graciously be pleased to
grant interim order for payment of maintenance at the rate of Rs.3000/- per
month for each plaintiff, as prayed in the prayer clauses of main suit, in the
larger interest of justice.
Prayed accordingly;
Karachi:
Dated: -04-2020 Advocate
for the Plaintiffs.
F.S. No. / 2020
Fehmida
& Others----------------------------------------------PLAINTIFFS
Ramzan ----------------------------------------DEFENDANT
AFFIDAVIT
I, Fehmida D/o Suleman, Muslim, Adult, R/o Karachi, do hereby state on
Oath as under:-
1.
That I am the plaintiff No.1 as
well as deponent of this affidavit, as such well conversant with the facts
stated herein.
2.
That the accompanying application
under section 17-A of the Family Court Act 1964, has been drafted and filed
under my instructions.
3.
That I say that I am facing great
difficulties regarding maintaining myself as well as minor plaintiffs,
including their schooling, clothes, food, medication
and other necessities of life and defendant
being father is liable to pay their maintenance as prayed by me in the main
suit, hence this application.
4.
That until and unless the
accompanying application is granted, I shall seriously prejudiced and suffer
irreparable losses.
5.
That whatever stated above is
true and correct to the best of my knowledge and belief.
Karachi:
Dated: -04-2020 DEPONENT
Identified by me.
ADVOCATE
Sworn before me on Oath at Karachi on this ____ day of
November 2009, to the deponent abovenamed who is identified to me by Mr. Ayaz Ahmed Memon Advocate, who is
known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS
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