Legal Notice For Restitution of Conjugal rights

 Legal Notice For Restitution of Conjugal rights

To

Mst. XYZ,

Daughter of ABC,

R/o

Sub:-               LEGAL NOTICE

I hereby informed you that Mr. JA son of BA resident of H. No. __, St No. _, has engaged me as his counsel to send you legal notice in a family matter and after placing all the relevant documents /record before me, has requested to serve you with the following legal notice:

1.     That my client was married to you according to Islamic Rights. The dower amount was fixed Rs. 1 million, out of which half was paid to you, no dowry articles were given to you by your parents. During the matrimonial life, no issue was born.

2.     That during the subsistence of the marriage, your behavior towards my client was not well and you on the instigation of your father are making hurdles also making troubles in your matrimonial life with my client. Your father often asked you to collect money from my client and give it to him but when my client denies the same, you left the house of my client many times. My client tried to reconcile with the elders of Brother and repeatedly took you to his house.

3.     That after the marriage of the parties hereto you proved yourself as an undaunted lady, selfish, wayward/ arrogant, and a woman of willfulness. However, my client tried his level best for the betterment of the material abode and also to manage with you and in this regard left no stone unturned. But in return not even a single step is taken by you for the betterment of the situation. You intentionally by your conduct and behavior made the life of my client miserable, however, my client bothered all this for the sake of material abode, for the honor of his family, and also for the honor of the family of you but it was you who always proved yourself as NASHIZA from your conduct and behavior. My client himself and through the elders of both the families emphasized you and asked you to become loyal, obedient, and a good lady but all in vain. Rather you demanded a huge amount and other valuables gifts from my client on the instigation of your father.

4.     That it is worth mentioning to state here that my client belongs to a respectable family. You and your parents contracted the marriage with my client with the intention to grab extraordinary benefits from my client and in this regard during the matrimonial lifetime and again asked and pressurized my client to give huge amounts
but on the refusal and straightaway denial, they came to the conclusion that their illegal and unlawful desires and also their wishes for grabbing money and other valuables can never be achieved.

5.     That it is also pertinent to mention that my client provided all the necessities of life to you according to his means and status but unfortunately found you as NASHIZA who has no respect for your husband and also has no belief in family life. In spite of living with my client in his house you on the instigation of your father’s time and again left the house of my client without the permission and knowledge of my client as well as without any cogent reason.

6.     That at the time of marriage, my client on demand of the parents of you has managed and given gold ornaments and also gave a luxurious reception. But when you and your parents came to the conclusion that their illegal and unlawful desires cannot be fulfilled, you left the house of my client in the last month i.e. May 2008 without the permission, knowledge of my client in his absence along with valuables while my client was not in the home. When my client came to his house, he came to know that you are not at the home. He inquired on the telephone about your absence, you told me that you will come back. You while leaving the house of my client took the gold ornaments weighing 8 Tolas and also cash amount of Rs. 70,000/- and also valuable articles.

7.     That it is only your father who poked his nose in the matrimonial life of you and my client and instigate you to pressurize my client to fulfill their illegal desires.

8.     That you took the valuables on the instigation of your father and my client reserves his right to initiate criminal as well as civil proceedings against you and her father.

9.     That my client has love and affection with you and he wants to live in a happy family.

10.That my client sent you many Jirgas for reconciliation but you on the instigation of your father denied to reconcile. The members of the Jirga are ready to record their evidence which my client has sent them to your house for compromise but you again on the instigation of your father demanded a huge amount for compromise. My client is a poor man, he could not fulfill your desires because of which you denied performing your matrimonial obligations. My client is a young man, who is living a miserable life without his wife.

11.That my client has paid the maintenance allowance to you throughout his matrimonial life.

12.That my client still has love and affection with you and he wants to live a happy life with you and is ready to reconcile.

13.That it is an obligatory duty upon you both legally and morally that you should live with your husband and perform the matrimonial obligation.

14.That despite the number of reservations, my client tried his level best by himself and through Jirgas to solve this matter to save his matrimonial life and to provide love and affection to you but all the efforts made by my client remain futile due to your adverse and negative attitude.

Through this legal notice in a family matter, I hereby instruct you in your own interest to rejoin my client and perform your matrimonial obligations, for which he has the legal right and also rejoin my client in his house within 14 days otherwise my client has given me clear instructions to institute a suit for  restitution of conjugal rights in the competent court of law, at your risk and costs. My client also asked me to inform you that if you do not perform your matrimonial obligations and do not reconcile, he will have a right to remarry after due process.

Ghulam Abbas Advocate High Court