
IN THE COURT OF ________ CIVIL & FAMILY JUDGE,
KARACHI SOUTH
Family Suit No. _______of 2022
Ms. Minahil Haram
D/o Shifaat Ali
R/o House No. B-500,
Street 63, Sector G,
Mohallaha Manzoor Colony,
Karachi ……… Plaintiff
VERSUS
- Mr. Umar Hayat
S/o Khalid Hussain
R/o Mazher Fareed Colony, Street No. 10,
Sadiqabad,
District Rahim Yar Khan
- Chairman Arbitration Council
Karachi ……….. Defendants
SUIT FOR DISSOLUTION OF MARRIAGE/BY WAY OF KHULA
RECOVERY OF DOWER AMOUNT AND MAINTENANCE
The Plaintiff above named respectfully submits as under:
- That the Plaintiff is born and resident of Karachi. Plaintiff is well-mannered, modest and educated young lady, hence Defendant No. 1 along with his family proposed Plaintiff and offered her a marriage proposal which was accepted by the Plaintiff and her family.
(Photocopy of Form-B of Plaintiff is annexed herewith as Annexure “P”)
- That the Nikkah was solemnized at Karachi on 19 June, 2020 and duly registered at Site Town, Counsel No. 5 UC5, Pak Colony, Karachi West against deferred dower (on demand) i.e cash amounting to Rs. 10, 000/- (Ten Thousand Rupees only) and 2 ½ Tolas of Gold consists of One Gold Set which includes two earrings, one finger ring, two bangles, one chain, and two nose pins amounting to Rs. ______ as per Gold rate in Karachi. As per the clauses of Nikahnama no dower amount was paid at all by Defendant No. 1 to the Plaintiff uptill now.
(Photocopy of registered Nikahnama is attached herewith as Annexure “P-1”)
- Thatthe parents of Plaintiff give Plaintiff Rs. _______ worth of dowry articles at the time of Nikkah ceremony, the list of same is as under:
Sr No. | Article | Amount |
1 | One (1) Gold Male Ring | Rs. |
2 | One (1) pair of Gold Earrings | Rs. |
3 | One Wooden bed with two side tables | Rs. |
4 | One wooden cupboard with three shelves | Rs. |
5 | One Divider – drawing | Rs. |
6 | One Big Box (paitee) | Rs. |
7 | Ten (10) Handmade Bedspread | Rs. |
8 | Four (4) Quilts/Razaee | Rs. |
9 | Four (4) Handmade mattresses | Rs. |
10 | Four (4) White Sheets (khais) | Rs. |
11 | Two (2) Woolen Rugs (Daryaan) | Rs. |
12 | Two (2) Handmade Colorful Sheets (Ralee) | Rs. |
13 | Four (4) Bedsheets | Rs. |
14 | One (1) Bedsheet with (1) one white woolen cushion | Rs. |
15 | One (1) Bedsheet with Blanket | Rs. |
16 | One (1) Blanket | Rs. |
17 | One (1) Single Bedsheet set for folding beds (charpoy) | Rs. |
18 | Twenty (20) Suits | Rs. |
19 | One (1) Purse | Rs. |
20 | One (1) Jersey | Rs. |
21 | Four (4) pair of shoes | Rs. |
22 | One (1) Juicer machine | Rs. |
23 | One (1) Blender machine | Rs. |
24 | One (1) Coffee Beater | Rs. |
25 | One (1) Microwave Oven | Rs. |
26 | One (1) Washing Machine | Rs. |
27 | One (1) Fan | Rs. |
28 | One (1) Iron | Rs. |
29 | One (1) Non Stick Pan Set | Rs. |
30 | One (1) Tawwa | Rs. |
31 | Three (3) water Sets with Round Cooler | Rs. |
32 | One (1) Rectangular Cooler | Rs. |
33 | Two (2) Sweet Set | Rs. |
34 | One (1) Dry Fruit set | Rs. |
35 | One (1) Serving Bowls Set | Rs. |
36 | One (1) Dinner Set (100 pieces) | Rs. |
37 | One (1) Tea Flask | Rs. |
38 | One (1) Water Set with Jug | Rs. |
39 | One (1) Spoon Set (37 pieces) | Rs. |
40 | Six (6) Mugs | Rs. |
41 | Six (6) Cups | Rs. |
42 | Five (5) Crystal Show Pieces | Rs. |
43 | One (1) _____ Kit | Rs. |
44 | One (1) ______ Brush Kit | Rs. |
45 | One (1) Pressure Cooker | Rs. |
46 | One (1) Aluminum Pot/daigchee | Rs. |
47 | One (1) Kudookush (steel) | Rs. |
48 | Six (6) Chabiaan | Rs. |
49 | Four (4) Small Fans | Rs. |
50 | Three (3) Prayer Mats | Rs. |
51 | Two (2) Tasbeeh | Rs. |
52 | One (1) Quran holder Box | Rs. |
53 | One (1) ——- Wash Basin | Rs. |
54 | Three (3) Artificial Jewellery Sets | Rs. |
(Photocopy of all receipts of dowry articles are attached herewith as Annexure “P-2”)
- That subsequent to Nikah and rukhsati, marriage was consummated. The Defendant No. 1 and Plaintiff left Karachi to live in the house of Defendant situated at Rahim Yar Khan. When few days passed away Defendant No. 1 started beating Plaintiff on petty issues. On one day or the other Defendant No. 1 started torturing and using foul and abusive language against Plaintiff. Moreover, Defendant No. 1 never let Plaintiff to go outside the house for shopping and visiting any relative as Defendant No. 1 is doubtful about Plaintiff. Defendant No. 1 never trusted her and never allow Plaintiff to meet and see anyone in two years of marriage. Plaintiff on numerous occasions tried to stop Defendant No. 1 by beating and torturing her but of no avail. Defendant No. 1 has the habit to insult, beat and torture Plaintiff after every alternative day. In initial days of the marriage Defendant No. 1 started beating Plaintiff on a petty issue, thereafter Defendant No. 1 called up mother of Plaintiff and used foul language against Plaintiff and asked her to pick her daughter from his house. Mother of Plaintiff rushed to Rahim Yar Khan and tried to calm down Defendant No. 1 but of no avail therefore mother came back to Karachi along with Plaintiff from the house of Defendant No. 1.
- That after few days of this incident Defendant No. 1 came to Karachi and was apologetic upon his past behavior. Defendant No. 1 apologized to Plaintiff and her mother and promised that the Defendant will never beat and torture Plaintiff again. Defendant No. 1 further requested mother of Plaintiff to give him one chance to make things workable and better as husband and wife between the Defendant No. 1 and Plaintiff. In this way Plaintiff came back with Defendant No. 1 to Rahim Yar Khan.
- That after few days Defendant No. 1 again started his habitual beating and thrashing on Plaintiff. The Plaintiff attempted to persuade the Defendant No. 1 to give up his bad beating habits which intimidate Defendant No. 1 to lash out on Plaintiff by physically beating her and using abusive language against Plaintiff. Defendant No. 1 ignore all the suggestions given to him by Plaintiff and continue his routine where Defendant No. 1 lost his senses, maltreat Plaintiff time and again and use abusive language on every day basis. Since the year 2020 uptill now it has become routine in the life of Plaintiff to tolerate beating and using of foul language by Defendant No. 1 who repeatedly threw Plaintiff out of his house and also made calls to mother of Plaintiff to take her daughter from his house. Plaintiff in these two years came back numerous times back with her mother, thereafter Defendant No. 1 came back apologetic and requested parents of Plaintiff to allow Plaintiff to move in his house again. After settling down again after some days Defendant No. 1 lost his temper and threw Plaintiff out from his house with only her clothes on and nothing more and warned the Plaintiff of dire consequences if the Plaintiff would ever try to attempt to enter Defendant No. 1’s house again. Thereafter, Plaintiff literally was on road called up her mother again to pick her up as Defendant No. 1 do not allow Plaintiff to re-enter his house.
- That Plaintiff is still hopeful that with every passing day Defendant No. 1 would realize his cruelty against Plaintiff and one day Defendant No. 1 will repent from his sins. Plaintiff realized that after every passing day the circumstances are becoming bad to worse for Plaintiff as there was no end to cruel behavior, bashing, beating, using abusive language by the Defendant No. 1. Plaintiff waited patiently for two whole years in this hope that one day Defendant No. 1 will be a better human being and a kind husband until July, 2022, when Defendant No. 1 lost his temper and beat Plaintiff and once again called her mother to pick her daughter from his house as Defendant does not want to live with Plaintiff anymore.
- I say that at 12:00 am on ___ July, 2022 the Plaintiff had to seek help from her mother and brother who in haste reached from Karachi to Rahim Yar Khan and in this way Plaintiff found solace at her father’s place after coming back to Karachi.
- I say that Defendant No. 1 use to pay Rs. ______ as pocket money and maintenance to Plaintiff. However, after throwing Plaintiff out of the house as well as threatening her that Defendant No. 1 do not want to live any more with Plaintiff, the maintenance has to be in commensurate with additional expenses as parents and brother of Plaintiff are bearing all the expenses of Plaintiff.
- That the cause of action has accrued to the Plaintiff when the Defendant No. 1had solemnized Nikah, it accrued again when Defendant No. 1 tortured, beat up, thrashed and threw her out of his house several times and further when Defendant No. 1 doubted the Plaintiff.
- That ad volerm court fee has been affixed hereon.
Prayer
It is therefore, prayed that in consideration of the above facts and circumstances, this Honourable Court may be pleased to pass judgment-cum-Decree for dissolution of marriage/Nikah in favor of Plaintiff and against the Defendant as under:
- A decree for dissolution of marriage by way of khula and isuse directions to Defendant No. 2 to forthwith issue Divorce Certificate in favor of Plaintiff.
- A decree for maintenance @ Rs. _________ w.e.f ______, 2022 till _________,2022 and IDDAT period (four months ten days w.e.f issuance of Divorce Certificate Rs. ______)
- Direct Defendant No. 2 to issue Divorce Certificate within one month from the date of receipt of copy of judgment from this Honourable Court.
- Any other relief this Honourable Court may deem fit and proper in favor of Plaintiff and against Defendant No.1.
PLAINTIFF
Karachi dt: ___7-2022 Commissioner for the Plaintiff