SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA

 

 

IN THE COURT OF                FAMILY JUDGE KARACHI WEST

Family Suit No        /2020

 

                                              ……..……………Plaintiffs

 

VERSUS

        …………………..Defendant

 

 

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA

 

The Plaintiff above named respectfully prayed as under:-

 

1.     That the Plaintiff is Graduate and belong to a respectable family having  peaceful and prosperous life.

 

2.     That the Nikkah of the Plaintiff was solemnized with the Defendant on 10.02.2019 and rukhsati took place at Karachi under Sunni Muslim Hanfi Law against the dower fifteen Tola Gold which was unpaid so far.

(Photocopy of Nikahnama is enclosed herewith and marked as Annexure P/1)

 

3.     That at the time of marriage the parents of the Plaintiff, her relatives and well wishers had given  valuable precious dowry articles and  gift-items , The said  articles are in the custody of  the Defendant.

4.     That prior this marriage, defendant’s  have first wife and four children and defendant several time spent his children and his first wife but ignore  the plaintiff and she spent several night after rukhsati alone in a rental house no any lady or relative with plaintiff, but defendant have no care about the city situation. That plaintiff try to manage but a apart from this factual position, the attitude of the Defendant towards the Plaintiff since from very beginning  has remained unreasonable, unrealistic and unjustified. His abnormal impulsive and temperamental nature has turned out to be totally incompatible with the plain nature of the plaintiff, as such  the plaintiff has lost all the dreams which she had seen  for a good and prosperous life with the defendant. Due to all these facts the plaintiff has developed natural aversion towards the defendant as the defendant has become incorrigible case and she does not like to see even his face and feels that the marriage of the plaintiff and defendant subsisting by virtue of Nikah cannot continue within the limits prescribed by God as such there is no possibility of the Plaintiff living with the defendant  happily as his wife.

5.     That the Plaintiff  has been always in mental tension by nature of Defendant  and   on very pity matter even without any fault of the Plaintiff.

6.     That the Plaintiff as stated above belongs to a respectable and law abiding family and due to abhorrent attitude of the Defendant the Plaintiff and her family has adversely been affected amongst their family members, relatives and other community.

7.      That the Plaintiff in such circumstances has no other alternative but to seek dissolution of marriage by way of khula. The Plaintiff is ready to return the downer amount to the Defendant.

8.     That the cause of action first arose on 10.02.2019 when Nikah  was performed. It again arose when  the  Plaintiff was mental tension and refuse to divorce. The cause of action  continues to arise on each day.

9.     That the plaintiff resides within jurisdiction of P.S. Mango peer, which is jurisdiction of this Hon’ble Court.

PRAYER

 

It is therefore, respectfully prayed that this Hon’ble Court may be pleased to pass a judgment and the decree as under:-

A.   To dissolve the marriage of the Plaintiff  with the Defendant  by way of khulla.

B.   Cost of the suit.

 

C.   Any other relief which this Hon’ble Court may deem fit and proper under the circumstances of the case may be awarded.

Karachi

Dated      .04.2020                                                         PLAINTIFF

                                                         

                                                ADVOCATE FOR THE PALINTIFF

 

 

VERIFICATION

I, ...........................................,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     2020, by the deponent above named who is identified by 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 Council            As per Vakalatnama