IN
THE COURT OF FAMILY JUDGE KARACHI
Family Suit
No /20
A,B.C....
Karachi. ……..……………Plaintiff
VERSUS
A.B.C....
Karachi. …………………..Defendant
SUIT
FOR MAINTENANCE
The
Plaintiff above named respectfully submits as under:-
1.
That the Nikkah of the mother of the Plaintiff was solemnized with
the Defendant on 14.7.2005 at Karachi under Sunni Muslim Hanfi Law against the
dower amount of Rs 50,000/-
Photocopy
of Nikahnama is enclosed herewith and marked as Annexure P/1
2. That after
marriage, mother of the Plaintiff and Defendant
started living at the residence at his aunt Meena Iftikhar’s House at Gulberg-II, Lahore.
3. That on
8.11.2008 from the wedlock plaintiff was born. It is submitted that the
defendant did not pay a single penny towards delivery expenses and same were
borne by the mother of the plaintiff. It is pertinent to mention that the
defendant even did not pay a single penny towards vaccinations or Doctor’s
visit and all expenses were borne by the mother of the plaintiff.
Copy of birth certificate is filed as
Annexure-P/2
4. That from the very beginning the conduct of the
defendant and his family members had been unreasonable, unrealistic and
unjustified. Their abnormal impulsive and temperamental nature had turned out
to be totally incompatible with the plain nature of the mother of plaintiff, as
such the mother of the plaintiff had lost all the dreams which she had seen for
a good and prosperous life with the defendant. Due to all these facts the
plaintiff’s mother had developed natural aversion towards the defendant as the
defendant had become incorrigible and she did not like to see even his face and
felt that the marriage of the plaintiff and defendant subsisting by virtue of
Nikah cannot continue within the limits prescribed by God.
5. That in the above circumstances, the plaintiff’s
mother had no option but exercise her
right as per Clause 18 of the Nikahnama divorced the Defendant on
23.5.2011 and their marriage was dissolved. Since then the plaintiff and
his mother are residing at Karachi and the Defendant is still residing at
Lahore.
6. That the defendant
right from the very beginning and after the birth of the plaintiff
failed to maintain to the plaintiff and never paid a single penny towards his
maintenance inspite of repeated requests
by the Plaintiff’s mother.
7. That the plaintiff is receiving quality education
is attending one of the best and prestigious Schools in the city and all
expenses are being borne by his mother. Summary of the expenses is as under:-
EDUCATION
|
1 |
School Fee |
Rs. |
|
a. |
Receipt
from Rali’s Montessori from January 2011 to July 2012 |
1,33,500/- |
|
b. |
Receipts
from Pathways British School from August 2012 to Jan. 2015 |
3,33,000/- |
|
c. |
Receipts
from Resource Teacher Rs.17000/- per month from Sept. 2014 to Dec.2014 |
59,500/- |
|
d. |
Receipts
from Qari Sb. Rs.2000/- per month from Dec. 2013 to Dec . 2014 |
26,000/- |
|
2. |
Stationary and related items |
|
|
a. |
Story
books, color pencils, cartoon and work books, school bag, school water
bottle, play items like crayons, plasticine etc. Rs.3000/- per month for 48
months |
1,44,000 |
Total 696,000/-
FOOD
EXPENSES
|
.i |
Powder Milk Rs.6,000/- per month for 24 months |
1,44,000 |
|
ii. |
Goody bag on return from School Bag containing items like walls double chocolate ice cream, chips, chocolate, juice etc. Rs.150x20=Rs.3,000/- p.m. for 48 months from Jan.2011 to
Dec.2014 |
1,44,000 |
|
iii. |
Weekly trips to McDonalds & KFC Rs.1,000x4=Rs.4,000/- per month from dec. 2010 to Dec.2014
(49 months) |
1,96,000/- |
|
iv. |
Purchase from K&N Receipts from 5.7.2014 to 13.1.2015 |
16,740/- |
Total 5,00,740/-
CLOTHING
AND TOYS
|
i. |
Diapers Rs.2500/- per month for 24 months |
60,000/- |
|
ii |
School uniform , cardigan, socks, shoes/joggers, daily use
clothing like shirts, trousers, shorts, sweaters, shalwar suits etc. Rs.5000/- per month for 49 months. |
2,45,000/- |
|
iii. |
Toys, electronic game items , cell toys, sea saw, swing,
bicycle, children car etc. Rs.10,000/- per month for 49 months |
4,95,000/- |
Total 7,95,000
Grand Total 19,91,740/-
All
receipts/bills are filed herewith as Annexures-P/3 to P/39
Thus the
Plaintiff’s mother requested the Defendant to pay the amount of Rs. 19,91,740/- but the defendant failed to pay the same.
8. That the
Defendant after separation did not bother to meet the plaintiff directly or
indirectly and after two years the defendant filed a G&W case No. ..../20 before the family Judge Karachi South just to harass the plaintiff and his
mother without any justification. It is submitted that the Hon’ble Family Court
has ordered, the meeting of the plaintiff with the defendant every 1st
Saturday of every month. The defendant every month comes from Lahore for
meeting with the plaintiff and spends more than Rs.40,000/- every month.
9.
That the defendant admittedly is a businessman and has
sufficient means to pay the aforesaid amount of Rs,.19,91,740/-to the
Plaintiff’s mother and future monthly maintenance of the plaintiff. It is
submitted that under the law Defendant is bound to pay amount of Rs.19,91,740/-
and future monthly maintenance of the plaintiff.
10. That the
defendant under the law is liable to pay a sum of Rs.50,000/- per month as
maintenance of the Plaintiff which he failed to do. Hence this suit.
11. That the
cause of action first arose on 14.7.2005 when Nikha was performed. It again
arose on 8.11.2008 when the plaintiff child was born and thereafter on many
occasions when the defendant’s attitude towards the Plaintiff’s mother remained
harsh. It again arose on 23.5.2011 when
divorce was effected. It again arose when the Plaintiff and his mother came to
Karachi and started living with parents of the plaintiff’s mother. It again
arose when mother of the plaintiff admitted the plaintiff in a School and paid
monthly fees, tuition fee etc. from time to time. It again arose when the
plaintiff mother bore all other expenses of the plaintiff as narrated above. It
again arose when plaintiff’s mother requested the defendant to pay the above
amount and future maintenance but he failed to pay and it still continues day
by day.
12.
That the court fee is exempted.
13.
That this Court has jurisdiction to proceed with the case as
the same comes within the territorial jurisdiction of PS Darkshan.
PRAYER
It is therefore,
respectfully prayed that this Hon’ble Court may be pleased to
A. pass a judgment and decree against the
Defendant for sum of Rs.19,91,740/-
towards past maintenances/expenses of the plaintiff.
B. Pass
judgment and decree against the Defendant of Rs.50,000/- per month as maintenance
of Plaintiff till the age of majority.
C. Cost of the
suit.
D. Any other
relief which this Hon’ble Court may deem fit and proper under the circumstances
of the case may be awarded.
Karachi
Dated .1.20 PLAINTIFF
ADVOCATE FOR THE PLAINTIFF
GHULAM ABBAS
VERIFICATION
I, ..... d/o...., Muslim adult, r/o Karachi ,do
hereby state and oath that whatever is sated above is true and correct to the
best of my knowledge and belief .
DEPONENT
Plaintiff is identified by me.
ADVOCATE
Solemnly affirmed before me at
Karachi on this day of Jan. 2015,
by the deponent above named who is identified by Mr. GHULAM ABBAS,
Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVITS
Document
Filed Annexure
P/…to P/…
Documents
Relied upon Original of the
above
And
relevant papers,
Records
of the plaintiff.
Address of
the Plaintiff As given in the
Plaint .
Address of
the Counsel As per
Vakalatnama
IN
THE COURT OF FAMILY JUDGE KARACHI
Family Suit
No /20
A
……..……………Plaintiff
VERSUS
……………….. Defendant
APPLICATION
UNDER SECTION 17-A
OF WEST
PAKISTAN FAMILY COURT ACT
For the reasons disclosed in the accompanying
affidavit, it is respectfully prayed on behalf of the above named plaintiff
that this Hon,ble Court may be pleased to pass an order for interim maintenance
of Plaintiff at the rate of Rs. 50,000/- per month
in the interest of minor.
Prayer
is made in the interest of justice.
Karachi.
Dated
1-2015 ADVOCATE FOR THE PLAINTIFF
IN THE
COURT OF FAMILY JUDGE KARACHI
Family Suit
No. /20
……..……………Plaintiff
VERSUS
……………….. Defendant
REJOINDER
TO THR COUNTER AFFIDAVIT TO THE APPLICATION UNDER SECTION 17-A OF WEST PAKISTAN
FAMILY COURT ACT
I, Mst. ................................................, Muslim, adult, r/o Karachi, do hereby state on
oath as under:-
1.
That I am
mother of the Plaintiff and am fully conversant with the facts of the case.
2.
That I have
gone through the counter affidavit to the application under section 17-A and my
reply thereto as under.
3.
That the
contents of para No. 1 of the counter affidavit being formal.
4.
That the
contents of para 2 are vehemtly denied. It this specifically denied that the
application under section 17-A is not maintainable. It is also denied that the
I herself left the house of the defendant alongwith her child Mikael/of
plaintiff according to my own wish/will alongwith my parents and uncle (mamoo)
therefore, the same cannot be claimed in the under reply application. It is
submitted that the defendant right from the very beginning and after the birth
of the plaintiff fail to maintain to the plaintiff and never paid the single
penny towards his maintenance inspite of repeated by me. It is submitted that
the defendant is bound under the law to maintain the plaintiff but he failed to
do so.
5.
That the
contents of para 3 of the counter affidavit are denied. I say that the
defendant is not entitle to take the custody of the plaintiff as he has no love
and affection with the plaintiff and the Guardian and Ward case just to harass
the plaintiff and me without any justification. It is denied that the defendant
as a pure goodwill gesture and keeping in view of his son and me well being
deposited rupees 10,000/- every month in my account HBL. It is denied that this
fact I have been concealed. The fact is that after marriage the defendant
borrow 50,000/ rupees from me and thereafter he deposit 10,000/ rupees per
month in my account as such the same was not towards the maintenance for the
plaintiff.
6.
That the
contents of para 4 of the counter affidavit are denied.
7.
That with
regard content of para 5 I say that the contents of written statement cannot be
treated as part and parcel of this affidavit. In any case I have specifically
denied each and every allegation leveled in the written statement.
8.
That the
contents of para 6 of the counter affidavit are denied.
9.
That the
contents of para 7 of the counter affidavit are denied. It is submitted that if
the application is dismissed the plaintiff is seriously prejudice.
10. accompanying
application for interim order for maintenance has been drafted under my
instructions and for the sake of
brevity the contents of the plaint and accompanying affidavit may be treated as
part of this affidavit.
11. That I am incurring monthly expenses of the
plaintiff including schooling, clothing, upbringing etc. etc. and the defendant
is liable to pay said monthly maintenance to the plaintiff which he has failed
to pay.
12. That it will be in the interest of the plaintiff if
the defendant is directed to pay monthly maintenance of the plaintiff each
month.
13. That unless the accompanying application is
granted, the plaintiff shall be seriously prejudiced and shall suffer
irreparable loss.
14. That whatever stated above is true and correct to
the best of my knowledge and belief.
Karachi.
Dated: 1.2015 DEPONENT
The
deponent is identified by me.
ADVOCATE
Stated
on oath before me this day of
Jan.2015 .The deponent is identified by Mr. GHULAM ABBAS Advocate, who
is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVITS
IN
THE COURT OF FAMILY JUDGE KARACHI
Family Suit
No /2015
A ……..……………Plaintiff
VERSUS
B ……………….. Defendant
LIST OF WITNESSES ON BEHALF OF THE PLAINTIFF
1. (Mother
of plaintiff)
Karachi
Dated .1.2015 ADVOCATE FOR THE
PLAINTIFF
No comments:
Post a Comment
dont use bad word