IN
THE COURT OF FAMILY JUDGE AT SOUTH
KARACHI.
Family Suit
No. /2020.
1- Mst. Rubina Iqra w/o Hamid Mushtaq
Muslim Adult, House No.153,
Street No.1 Bazata Line,
Karachi.
2-
Alisha D/o Hamid
Mushtaq
3-
Alishaba D/o
Hamid Mushtaq
Through
her Mother/plaintiff No.1 ……………PLAINTIFFS
VERSUS
1.
Hamid Mushtaq S/o
Mushtaq Ali
Muslim, Adult, Mehmood
Abad No.6
Street No.2, Near
Sitara Bhakri
Karachi. ……………..…………..…DEFENDANT
SUIT FOR RECOVERY OF
MAINTENANCE
The
Plaintiff abovenamed respectfully submits as under:-
1- That the Plaintiff No.1 was married with the Defendant at Karachi, on
26/05/2016 in accordance with the provisions of Family Law Ordinance 1961
against the dower Amount of five Thousand Rupees which is still unpaid.
(Photo Copy of Nikkah Nama is attached
herewith and marked as annexure A).
2- That after solemnization
of marriage one issue namely Alisha was born in
year 2017, during the tenor of marriage the relationship between the
plaintiff and defendant got worse, after some days of the marriage the
defendant started abusing the plaintiff even beat the plaintiff during
pregnancy but being religious minded, Allah’s fear the plaintiff No.1 keep on
trying to tolerate all of the same. It is submitted that the Plaintiff No.2 was
about aged of 5 months, defendant took away to Multan but best efforts of
parents of the Plaintiff No.1 succeed return to back Karachi.
3- that plaintiff many times tried to
bring the things to normal condition and kept on tolerating each and every
misbehavior of the Defendant with the
hope that one day he will mend himself.
It is submitted that issue namely Alisheba was born at home of the parents of
plaintiff No.1, It is pertinent to mention that all the delivery expenses were borne by the parents of the Plaintiff No.1. The Defendant
did not bother to pay a single penny towards the expenses nor paid any money
towards the maintenance of her and the minor child, and since then the
plaintiff is raising the minor by earning the bread and butter for her.
4- That afterwards the plaintiff again
in this hope went to house of the defendant, but after some days the defendant again made a fight with the
plaintiff No.1 but plaintiff No.1 keep on trying to tolerate all of the same
but the Defendant became adamant day by
day.
5- That defendant family members also
beat the plaintiff in front of her minors but plaintiff keep silent, never
discuss with her family members and last two month ago plaintiff No.1 living separately
in one room of defendant House to save her future & his children future, since
then he never asked the plaintiff, nor paid any money towards the maintenance
of her and the minor Childs, and since then the plaintiff’s parents are raising
by earning the bread and butter for the minors and her.
6- That on 24/7/2020, Defendant No.1
beat the plaintiff and kicked out the room of his house and snatched the
minors/plaintiff No.2 & 3 from the plaintiff No.1, in this regard Plaintiff
No.1 filed petition under section 491 Cr.P.C bearing No.829/20 which has been
disposed off and custody of Plaintiff No.2 & 3 handover by the Honorable District
& Session Judge south to the Plaintiff No.1
7- That last two month, the defendant
never asked the plaintiff nor paid any money towards the maintenance of her and
the minor childs, and since then the plaintiff’s parents are raising by earning
the bread and butter for the minors and her. It submitted that the defendant kicked
out the plaintiff on 24/07/2020 from the room of his house since the plaintiff
is living with her parents House.
8- That the defendant is contractor and
takes various electrical work on the contract biases and his earning is above Rs. 1,00,000/= every
month, the plaintiffs claim maintenance for Plaintiff No.1 @ Rs. 20000/=
from Jun & July-2020 onward and maintenance for Plaintiff No.2
& 3 @ Rs. 40,000/= from Jun & July-2020 onward.
9-
That
the cause of action first arose 26/05/2016
when marriage was solemnized . It again arose on many occasions when the conduct of the
defendant was cruel. It again arose It again arose on Jun-2020 when plaintiff
living spritely. It again arose when defendant kicked out the plaintiff No.1
from his house on 24/07/2020, it is further arose when Cr.Mic Application
829/2020 filed before District & Session Judge South and hand over the
Custody of Plaintiff No. 2 & 3 to plaintiff. The cause of action continues to arise on
each day.
10- That the plaintiff resides within
jurisdiction of P.S…………..., which is jurisdiction of this Hon’ble Court.
PRAYER
The Plaintiff , therefore, respectfully prays that
this Hon’ble court may be pleased to-
A)
Order the
Defendant No.1 to provide maintenance to the Plaintiffs and her child from Jun-2020 upto date at the rate of
Rs.20,000/- each and also for future at the same rate.
B)
Cost
of the suit to the Plaintiff.
C)
Any other relief
which this Hon’ble Court may deem fit and proper under th circumstances of this
case.
Karachi.
Dated: /08/2020 PLAINTIFF
ADVOCATE FOR PLAINTIFF
VERIFICATION
I, Mst. Rubina Iqra D/o.
Muhammad Siddiq Shah, Muslim, adult, resident House No 153,
Karachi do hereby state on oath as under:-
DEPONENT
The deponent is identified
to me.
ADVOCATE
IN THE COURT OF FAMILY JUDGE SOUTH AT KARACHI
FAMILY SUIT NO. /2020
RUBNINA & ORS ---------------------------
PLAINTIFFS
VS
Hamid Mushtaq ……………………. DEFENDANT
LIST OF WITNESS
1. Shamim
(Mother)
2.
Karachi.
Date: 08.2020 ADVOCATE
FOR PLAINTIFF
IN THE COURT OF FAMILY JUDGE SOUTH AT KARACHI
FAMILY SUIT NO. /2020
RUBNINA & ORS ---------------------------
PLAINTIFFS
VS
Hamid Mushtaq ……………………. DEFENDANT
APPLICATION UNDER SECTION 17 (A) OF THE
MUSLIM FAMILY LAW
It
is respectfully prayed, on behalf of the plaitiff, that this Hon’ble Court may
be pleased to make Order wherby directing the defendant to pay the interim maintenance
to the plaintiff @ Rs. 20,000/= per month in the interst of justice.
Prayed accordingly in the
interest of justice.
Karachi.
Dated:
1 /11/2012.
Advocate for the Plaintiff
IN THE COURT OF FAMILY JUDGE SOUTH AT KARACHI
FAMILY SUIT NO. /2020
RUBNINA & ORS ---------------------------
PLAINTIFFS
VS
Hamid Mushtaq ……………………. DEFENDANT
AFFIDAVIT
I, Mst. Muslim, adult, R/o. Karachi, do hereby state on
oath as under:
1. That I
am the Plaintiff in the above matter and Deponent of this affidavit and as
such am fully conversant with contents of this affidavit.
2. That I
say the the accompanying APPLICATION UNDER SECTION 17 (A) OF THE MUSLIM
FAMILY LAW has been drafted and filed under my instructions as well as
contents of main Suit may be treated as part of this affidavit.
3. That
I have read the accompanying application the contents of the same are true and
correct which may kindly treated as part and parcel of this affidavit for the
sake of brevity.
4. That
whatever is stated above is true and correct to the best of
my knowledge & belief.
Karachi.
Dated: .08.2020. DEPONENT
Advocate For Plaintiff
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