SUIT FOR RECOVERY OF DOWER AMOUNT, DELIVERY CAHRGES & MAINTENANCE.

IN THE COURT OF            CIVIL AND FAMILY JUDGE CENTRAL AT KARACHI.

Family Suit No.        /05

1.       Dr. _________________,

D/o __________________,

Muslim, Adult, Resident of North Karachi.

Karachi.

2.       ________ (baby),

D/o ____________.

Through her mother/ Natural Gaurdian/

Plaintiff No.1.…………                                                PLAINTIFFS.

V E R S U S

  

Mr. ______________,

S/o __________, Muslim,

Adult, Gulshan Iqbal,

Karachi.                                              ……        ……….    DEFENDANT.

SUIT FOR RECOVERY OF DOWER AMOUNT, DELIVERY CAHRGES & MAINTENANCE.

The Plaintiff No.1 above named respect fully submits as under:

1. That plaintiff No.1 was married with defendant on 22 June 2004 at Karachi in consideration of the dower amount of Rs.50.000/= which is still unpaid. Out of said wedlock one daughter, plaintiff No.2, aged about 4-1/2 months was born and presently she is under custody and guardianship of plaintiff No.1.

(Copy of Nikah Nama & Birth Certifecate is attached herewith as annexure               )

2. That the plaintiff No.1 is well mannered, modest and educated gentle Lady. Being a good & obedient wife she lived with the defendant till 14 November 2004. Since the day of separation, Plaintiff No.1 along with her minor daughter, plaintiff No.2, is residing with her parents at their home.

3. That the marriage of plaintiff No.1 & defendant has failed to workout due to defendant’s verbal and physical immoral acts as from the early days of marriage the attitude of defendant is non-cooperative and very rough. He never tried to realize the responsibilities as husband and right from the first day of marriage he has not fulfilled the plaintiff’s basic human rights / needs of food, clothing’s, health & conveyance issues also. After the marriage the plaintiff No.1 bore all aforesaid defendants irresponsible acts / behavior, with the hope of betterment & also with the great patience  for the sake of matrimonial life, but defendant had never improved his behavior and attitude also.

4. That the defendant was earning more than Rs.15,0000/= monthly but to fulfill the basic human needs & necessities of life, all expenses of plaintiff No.1, were being bore by plaintiff No.1 from her parents since the day of marriage, though repeatedly plaintiff No.1 had noticed to defendant to pay the same but he & his mother had refused with a saying that “ Bring money of dower & you are not entitled for any amount of maintenance”. Thereafter the defendant had subjected of maltreatment & tried to strangulate to plaintiff No.1. The defendant’s mother always used to say that Plaintiff No.1 has not brought enough dowry, for which the plaintiff No.1 complained to defendant, thereon the defendant’s sister issued threats for dire consequences against any happening adverse the wish of defendant’s mother & further she demanded to bring more dowry in compliance of the wish of her mother, who is the patient of depression and is also under treatment of Dr. of Liaqat National Hospital since last 2-1/2 years.

5. That in the month of June 2005, after one year of marriage, when plaintiff No.1 asked to defendant through her relatives to give her ornaments so that she could pay ZAKAT but defendant had not given the ornaments. More over the defendant & his family has concealed all plaintiff’s belongings/ ornaments & dowry and not returning the same.

6. That despite the fact that plaintiff No.1 was pregnant, the defendant had not turned to realize for making arrangements of proper care / health treatment, therefore due to which & due to above mentioned circumstances, when no option was left to plaintiff No.1, by feeling sense of insecurity at defendant’s house, on 14- November-2004, the plaintiff No.1 took the shelter in her parent’s house and since then the defendant never tried to reconcile, even to show any concern regarding the health of minor baby ( Plaintiff No.2) also.

7. That on 27-6-2005 the plaintiff No.1 was admitted in emergency ward at Agha Khan Maternity Hospital. Consultant/ Gynecologist had asked for defendant’s signature for the much possible emergency operation to save the life of the mother (Plaintiff No.1) & baby (Plaintiff No.2), thereon the defendant was phone called but he did not bothered to come for signing the same, which is evident from the Agha Khan Hospital Record. Moreover On 29-June-2005, upon the birth of the baby (Plaintiff No.2), due to premature condition & growth retardation, the concerned child specialist also tried to discuss the defendant through phone call, about the baby’s health issue, but defendant again turned her down showing no concern towards baby (Plaintiff No.2) & the same is still continued.

8. That the defendant is well established person. He is working in Sonehri Bank, I.I. road, Karachi. The monthly income of the defendant is about Rs.150000/= but since the marriage, he never paid the maintenance to plaintiff No.1 and plaintiff No.2 also after her birth.

9. That to avoid / refusal of payment of dower amount, Rs.50, 000/=, by respondent is quit illegal & immoral.

10. That during the time of delivery, the plaintiff remained admit for 6 days in Agha Khan Maternity Hospital. The Consultant / Gynecologist fee, Cost of Medicines, delivery charges & Hospital expenses which, amounts to at least Rs.  50,000/=, were borrowed by the plaintiff from her parents. The defendant is reluctant to pay the same inspite of having sources.

(Copy of birth certifecate by Hospital is enclosed herewith as annexure              )

11. That the defendant also has occupied the dowry articles Valued of Rs. 6,00,000/= of plaintiff though repeatedly the plaintiff has made demand to return the same back but the defendant is adamnt to return the same for which the plaintiff reserve the right to claim.

12. That the recovery of, Dower amount, Maintenance of   Plaintiff No.1 & 2 and delivery charges, is inalienable rights of plaintiff. The plaintiff had served notice upon defendant but the he did not bother to reply for the same.

(Copy of Legal Notice & Receipt of A/D is attached as annexure              )

13. That after receiving the legal notice the defendant did not respond in right direction and had send the affidavit / Halaf Nama dated 9-8-2005, for pronouncing the First Talaq, to plaintiff No.1. Thereafter the defendant again sent another affidavit / Rajoo Nama dated 6-11-2005 to plaintiff No.1, but he never came to fulfill the marital obligations being a husband & father also.

(Copy of Halaf Nam dated 9-8-2005 & Rajoo Nama dated 6-11-2005 is attached herewith as annexure          )

14. That the cause of action accrued to the plaintiff when the marriage was solemnized, thereafter on 14-11-2004 when the plaintiff left the house of defendant negligent role of defendant and time to time when the defendant refused / neglected to pay maintenance, dower amount & delivery charges to plaintiffs. The same is still continued till filing of this suit.

15. That the defendant is residing with in local limits of P.S               and also with in jurisdiction of this Honorable court.

16. That the suit is properly stamped.

P R A Y E R

 It is prayed that this honorable court may be pleased to pass judgment and decree in favor of the plaintiffs as under:

                                         i.    To direct the defendant to pay past maintenance to the plaintiff No.1 w.e.f 22-6-2004 at the rate of Rs. 50000/= (Fifty Thousand only) per month and future maintenance at the same rate also.

                                        ii.    To direct the defendant to pay past maintenance to the plaintiff No.2 w.e.f 29-6-2005 at the rate of Rs. 50000/= (Fifty Thousand only) per month through plaintiff No.1 being her mother/ natural guardian & future maintenance at the same rate also.

                                       iii.    To direct the defendant to pay the dower amount Rs. 50,000/=  (Fifty Thousand only) to plaintiff No.1.

                                       iv.    To direct the defendant to pay the delivery Charges Rs.50, 000/= (Fifty Thousand only) to plaintiff No.1.

                                        v.    Any other relief, which this honorable court may, deems fit and proper in the circumstances of the case.

Karachi.

Dated:                                               PLAINTIFF

ADVOCATE FOR THE PLAINTIFF 

VERIFECATION.

I, Dr. ___________ Muslim, adult resident of Karachi, do hereby verify on oath that whatever stated above is true and correct to the best of my knowledge and belief.

                                                           

                                                          DEPONENT

The deponent above named is identified.

                                          ADVOCATE

Solemnly affirmed and stated on oath before me at Karachi on this ____ day of November, 2005, by the deponent above named who is identified to me by Mr. Farhan Khaliq Anwer Advocate who is known to me personally.

  

COMMISSIONER FOR TAKING AFFIDAVITS

Documents filed                    : Annexure A & B.

Documents relied upon          : As above

Address of parties                 : As in the title

Address of advocate              : As in the Vaklatnama

  

IN THE COURT OF            CIVIL AND FAMILY JUDGE CENTRAL AT KARACHI.

F.S. No.     /05

Dr. _________ & One Other.…………      …….      PLAINTIFF.

                                      V E R S U S

Mr. ____________ Khan.         …….       DEFENDENT.

APPLICATION U/S 17-A OF THE FAMILY COURTS (AMENDMENT) ORDINANCE 2002.

For the reasons disclosed in the accompanying affidavit it is respectfully prayed on behalf of the plaintiff that this honorable court may be pleased to pass an interim order in respect of maintenance and direct the defendant to pay the same immediately to plaintiff in the interest of justice.

Prayed accordingly.

  

Karachi.                                               Farhan Khaliq Anwer

Dated:                                               Advocate for the plaintiff

IN THE COURT OF            CIVIL AND FAMILY JUDGE CENTRAL AT KARACHI.

F.S. No.     /05

Dr. Samira Naim.                …………      …….      PLAINTIFF.

V E R S U S

Mr. Osama Adnan Ghaffari Khan.         …….       DEFENDENT.

AFFIDAVIT IN SUPPORT OF APPLICATION U/S 17-A OF THE FAMILY COURTS ORDINANCE 2002.

I, Dr. __________, Muslim, adult resident of Karachi do hereby state on oath as under:

1.    That I am plaintiff in the above said matter and am fully conversant with the facts of the case.

2.    That the accompanying application U/S 17-A of the Family courts Ordinance 2002, drafted under my instructions, the contents of the same as well as the contents of the plaint may be treated as part of this affidavit.

3.    That the plaintiff No.1 is maintaining herself and also her minor daughter plaintiff No.2, while they have inalienable right to be maintained by defendant being a wife & daughter also. The defendant has sound financial position & is earning more than 25,000/= rupees monthly.

4.    That the defendant is in position to pay interim maintanance to the plaintiffs. 

5.    That unless this accompanying application is granted I shall seriously prejudiced.

6.    That whatever stated above is true and correct to the best of my knowledge and belief.

Karachi.                                                     Deponent.

Dated:

The deponent above named is identified by me.

                                                                          ADVOCATE

Solemnly affirmed and stated on oath before me at Karachi on this      _____ day of October 2005, by the deponent above named who is identified to me by Mr. Farhan Khaliq Anwer Advocate who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS