Tuesday, 16 August 2016

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF GROUND OF KHULLA, MAINTENANCE & RECOVERY OF DOWRY ARTICLES.



 




IN  THE  COURT  OF  FAMILY  JUDGE  DADU.

                                             Family Suit No:            of 2016

Mst: Tahira Naz daughter of Ghulam Shabir, By caste Panhwar, Muslim, Adult, Resident of Housing Society Daro Union council N. 4 Road Taluka & District Dadu-----------------------------------------------------------Plaintiff.

                                      Versus

Ali Mohammad  son of Shafi Mohammad, By caste Shaikh, Muslim, Adult, Resident of Village Waleed Shaikh Daro Union Council Mondar Taluka & District    Dadu
SHO P.S B Section ---------------------------------------------------Defendant

                   SUIT FOR DISSOLUTION OF MARRIAGE 
                   ON THE BASIS OF GROUND OF KHULLA,
                   MAINTENANCE  & RECOVERY OF DOWRY
ARTICLES.

                   The plaintiff named above respectfully submits as under:-
1.                That the  parties are Muslims.
2.                That the defendant has Kiryana Shop and earns about 30,000 Rs per month.
3.                That the plaintiff was married with the defendant on 06.01.2016 at Dadu according to Muslim Law against the dower amount of Rs.50,000/-, which has not been paid by the defendant to the plaintiff.
4.                That out of this wed lock Plaintiff was Pregnant but due to violence of defendant, the Pregnancy of 6 weeks were expired.
5.                That after the Nikah Rukhsati took place and the plaintiff started living with the defendant as his legally wedded wife. The defendant maintained the plaintiff for some time, but after that the defendant failed to maintain the plaintiff properly and maltreated the plaintiff on petty matters. He used to torture her physically and mentally.
6.                That after one month of marriage the defendant at the instance of his parents after maltreating the plaintiff drove her away from his house in three clothes asking her that she is not more wanted to the defendant.
7.                That at the time of marriage the parents of the plaintiff had given her articles of DOWRY (DAJ) which the defendant did not return to the plaintiff. All the Dowry articles are lying in the house of the defendant. Inspite of the repeated demands by the plaintiff. The defendant did not return the dowry articles to the plaintiff.
8.                That the defendant did not allow the plaintiff to visit her parents. The plaintiff complained the behavior of the defendant to her parents, and asked the defendant to maintain properly, but he did not pay any head. Inspite of that the defendant took the plaintiff and kept her in Village Waleed Shaikh Daro, and asked her that she is not more wanted to him.
9.                That the plaintiff is living with her parents since last one month  and the defendant was failed to maintain her and he has never visited nor he has performed marital obligation with her.
10.               That the parties can not live as husband and wife any more within the Limits prescribed by God. Hence this suit.
11.               That the cause of action arisen to the plaintiff to file suit in the month of February, 2016 when the defendant left the plaintiff at her parents house in three clothes asking her that she is not more wanted to him.
12.               That the cause of action and the parties are reside within the jurisdiction of this Honourable court, therefore, this Honourable court has the jurisdiction to entertain the suit.
13.               That for the purpose of court fee. The court fees of Rs.15/- is affixed on the plaint.
14.               That the plaintiff prays for Judgment and decree as under:-
a) That the Honourable court may kindly be pleased to   decree the suit against he defendants and dissolve the marriage of the plaintiff on the ground of Khulla.
b)  The defendant may be directed to pay maintenance allowance at the rate of Rs.10000/- per month from the month of January 2016 till the decision of the suit.
c)  That the defendant may be directed to return the Dowry articles to the plaintiff according to the list of Dowry articles.
d) Costs.
e) Any other relief which the court deems fit and fair be granted to the plaintiff.

                Plaintiff.
Dadu.
Dated:      .     .2016.                       Advocate
                                                     For plaintiff.
VERIFICATION
                   I, Mst: Tahira daughter of Ghulam Shabir, by caste Panhwar, Muslim, Adult, Resident of Housing Society Daro Road Dadu Town, do hereby verify on oath that whatever is stated in the plaint from para No:1 to 14 is true and correct to the best of my knowledge and belief.
                   Verified this the  10 th  day of the month of March, 2016 at Dadu.
                                                                             Deponent.

                   The deponent is known to me and is identified by me to the commissioner for taking affidavit.

                   Affirmed ON SA before me. The deponent is identified by Mr. MUJJAN ALI PANHWAR, Advocate, who is known to me personally.
                   The contents of the plaint were first truly and audibly read over and explained to deponent that she understands well and he appears to have understood. She admitted the contents of plaint to be true and correct and put her signature/RTI on it in my presence.


                                                Commissioner for taking affidavit


Documents filed                Nil.
                                      
                                       

Documents relied upon.     All the relevant documents concerning the
                                        suit will be produced lateron

Address of the parties         is same as mentioned in the
                                       title of the plaint.

Address of the counsel       is same as shown in vakalatnama.



                                                                Advocate
                                                             For the plaintiff.
List of witnesses.

1)           Plaintiff herself.

2)           Mother of Plaintiff

3)       Ghulam Qadir Shaikh
     
Note:-  All the witnesses will support the version of the plaintiff.
                   

                                                                   Advocate
                                                               For the plaintiff.


















 

 

IN THE COURT OF FAMILY JUDGE, DADU.

                                                Family Suit No:           of 2016

Mst:Tahira Panhwar-----------------------------------------------------Plaintiff.


                                        Versus

Ali Mohammad Shaikh------------------------------------------------Defendant


                                      AFFIDAVIT
                I, Mst: Tahira daughter of Ghulam Shabir, By caste Panhwar, wife of Ali Muhammad, Muslim, Adult, Resident of Housing Society Daro Dadu Town, Taluka & District Dadu, do hereby state on oath as under:-
1.                That I am plaintiff in the above matter and know the facts very well.
2.                That I contracted marriage with defendant took place about 3 months back according to Muhammadan law.
3.                That the averments of the suit may be treated as part and parcel of this affidavit.
4.                That whatever is stated above is true and correct to the best of my knowledge and belief.


                                                                            Deponent.

                   I know the deponent.



                       Advocate Dadu.















IN  THE  COURT  OF  FAMILY  JUDGE  DADU.

                                             Family Suit No:            of 2016

Mst: Tahira naz----------------------------------------------------------Plaintiff.

                                      Versus

Ali Mohammad--------------------------------------------------------Defendant


LIST OF DOWERY ARTICLES


1:  Almirah amounting to                                             Rs: 8000/:

2:  Big Iron Box  amounting to                                    Rs: 5000/:

3:  Padestal fan amounting to                                     Rs: 3000/:

4:  Two Cots amounting to                                         Rs:  4000/:

5:  Utensels amounting to                                           Rs:  30,000/:

6:  20 Rillies amounting to                                                    Rs: 15000/:


                                                                             Total: 65000/:

Dadu.

Dated:                                                                             Advocate
                                                                        For the Plaintiff.




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