Legal Notice Restrain Second Marriage & Conjugal Rights, Paid Dower Amount.

Legal Notice Restrain Second Marriage & restitution of conjugal rights, recovery of dowry amount and maintenance.

To,

          ……………..S/o……………

          …………………………

Karachi.

 

Sub:-                                          LEGAL NOTICE

 

It is to inform you that Mst……………………  , resident of Karachi has engaged us as her counsel to send you legal notice in a family matter and after placing all the relevant documents /record before us, has requested to serve you with the following legal notice:

1.   That our client is your legally wedded wife and married to you according to Islamic Rights on 03-01-2020. The dower amount was fixed Rs. 5 million which is unpaid. However, the marriage was duly consummated in according with Shia Muslim law.

 

2.   That the subsistence of the marriage,  your behavior towards our client was not well and you on the instigation of your Parents started  making hurdles and causing troubles in her matrimonial life. Needless to say that on 02.06.2020 you have sent divorced deed to our client, but the Seghas were not pronounced accordingly Shia School-of- Thought and on such basis you had again re-joined our client on                  03-11.2020 and had signed the Affidavit of Rejoining Freewill and started living separately.

 

3.   That after consummation of marriage with our client she got pregnant but due to your harsh and exhausted mind and behavior forcibly given the abortion pills to our client resulting therein our client had loss her first child.

 

4.   That our client even though to live her life peacefully with you have given another chance and forgot what had done before. It is pertinent to mention here that after taking due consideration once again our client got pregnant and as per medical report the child is about 5 months. Surprisingly our client got shocked to hear that you again demanded to get abortion which is illegal and unlawful. It is submitted that due to your such desire if any miscarriage happens by your negligence you will be responsible for the consequences.

 

5.   That it is worthy to  mention here that our client belongs to a respectable family and to the best knowledge of our client you are going to contract second marriage without prior permission of our client. It is submitted that everyone in your family including your fiancé and relatives that our client is your first wife. It is pertinent to mention here that all your family members are with the intention to pressurized our client for abortion of the child as well as to forgo dower amount but our client straightly refuse to do so resulting therein you and your family members started blackmailing and threatening to our client for dire consequences and also stop giving monthly maintenance and monthly pregnancy checkups; which is out and out illegal and unlawful.

 

6.   That it is pertinent to mention here that your father always poked his nose in our client’s matrimonial life and instigate you to pressurize our client to fulfill their illegal desires of your second marriage.

 

7.   That it is also pertinent to mention that you didn’t provided any necessities of life to our client according to her means and status but unfortunately you found irresponsible Husband. You got no respect for your wife and also has no belief in family life. In spite of living with our client in her house you on the instigation of your family members as well as your fiancé and her family members you left our client alone at her house without given any cogent reason, which is serious apprehension to our client’s life.

 

8.   That on instigation of your parents, you are going to celebrate second marriage without taking permission from our client which is violation of  clause  17 of NIKAH NAMA and our client reserves her right to initiate criminal as well as civil proceedings against you and your family members as well as against your fiancé and her family members.

 

9.   That you have not paid proper maintenance allowance to our client throughout her matrimonial life. It is submitted that our client has love and affection with you and she wants to live with you in a happy manner. It is an obligatory, legally and morally duty upon you that you should live with your wife and perform her matrimonial obligations as per law.

 

10.               That despite the number of reservations, our client tried her level best to solve this matter and to save her matrimonial life and to provide love and affection to you but all the efforts made by our client remain futile due to your adverse and negative attitude and response towards our client.

 

The undersigned is hereby called you through this legal notice to rejoin our client and perform your matrimonial obligations, and pay Rs. 50,00000/- (Fifty Lac) dower amount as well as Rs.50,000/- maintenance for our client per month and further restrain yourself to contract second marriage without prior permission from our client and also rejoin our client in her house within 3 days; failing which our client has given us clear instructions to institute a suit for restitution of conjugal rights, recovery of dowry amount and maintenance in the competent court of law as well as to prosecute the criminal complaint against you as to the cost and consequences.

 

Ghulam Abbas