COUNTER AFFIDAVIT TO APPLICATION U/S 17-A OF FAMILY COURT ORDINANCE

IN THE COURT OF CIVIL & FAMILY JUDGE – KARACHI .

Suit No: 000/2000

Mst. S. Bol…………………… PLAINTIFF.

VERSUS

A. E. Khan. ……………………      DEFENDANT.

COUNTER AFFIDAVIT

TO APPLICATION U/S 17-A OF FAMILY COURT ORDINANCE.

I, A. E. Khan S/O Late Khan, Muslim, adult, presently residing at House No. B, Housing Society, Karachi, do hereby state on oath as under:

1.    That I say that I, belong to a noble and civilized family and I used to earn my livelihoods by doing Private Job / works on daily wages in America /USA. Now just because of attitude of plaintiff, I am encircled in financial and other metromonial problems as and since last 10 months, I could not go to my workplace to earn, therefore I am jobless now.

2.    That I say that I had sufficient means to provide comfort and necessities of life to plaintiff and my son / baby. After the marriage, I / the answering defendant has paid handsome amounts towards maintenance for  plaintiff & ward / my son, and also I had paid all other expenses for whatever the plaintiff demanded like,

A)     When the plaintiff was pregnant, she had hired the car driver for her comfort and I  paid the driver’s salary at the rate of 08,000/= per month till one year.

B)        After the birth of ward / baby, the plaintiff had hired a maid for taking care of ward and for helping hands to plaintiff. I paid her salary at the rate of 7 to 10 thousand per month.  

C)        When the plaintiff told me that she want to change her residential area and willing to move in Gulshan Iqbal, I had sent US Dolor 02000/= (Two thousand) to her for shifting place of residence.

D) Few months back the plaintiff told me that some one has snatched/robed Rs.50,000/= (fifty thousand) from her, at the time when she was coming out from Western Union Office by taking money. Thereon I arranged by re sending more US Dolor 0500/= (five hundred) for house hold expenses.

E)    I  had sent US Dolor 2500/= (two thousand five hundred) in April 2013, for baby’s /ward's birth day.

F)         I  also beard pocket expenses of plaintiff to Visit out of Karachi at cities in Pakistan and also out country at Thai Land / Bangkok & Germany for exhibitions.

G)        I  paid down Payment Rs: 0100000/= ( One Lac only) for purchase of Car for plaintiff.

H)        I also paid Rs.1,40,000/= (One Lac Forty thousand) to plaintiff for teeth treatment Braises from Dr. Aisha.

I)           Two Gold sets, 01 diamond  set, 01 ring, 02 ear rings, 01 neck bracelet of family of plaintiff were purchased by plaintiff and I paid for all this.

All above stated facts are available with documentary proofs and when ever I, visited back in Pakistan, I paid money for plaintiffs every desire. Therefore the assertions of plaintiff that “she was not paid of maintenance since November 2009 / the day after marriage” is false and fraudulent.

3.    That I say that for the sake of medical treatment, long and healthy life of my son, whatever, I could have done, I did it.  Hence the assertions of plaintiff that “my son was not paid of maintenance by me since May 2010 / the day after the birth” is also false, baseless and fraudulent.

4.    That I say that ratio of demand of maintenance, by plaintiff is so much high, and every job holder or daily wages worker can imagine that the demands of plaintiff are not justified and are based on greediness. However I realize and I am ready to pay justified, approachable and needful money / maintenance for the happy life of my child / Ward.

5.    That I say that the amount of maintenance of plaintiff is not warranted by law specially in case when with out any just cause the plaintiff herself has refused to live with the defendant.

6.    That I say that all contents of my written statement may be treated as part & parcel of this affidavit.

7.    That I say that the plaintiff has no prima facie case, and if as per demand of plaintiff the instant application is granted, the defendant shall suffer irreparable loss.

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

DEPONENT

Identified by me.

      ADVOCATE

Solemnly affirmed and stated on oath before me at Karachi on this--------- day of September, 2014 by the deponent above named who is identified to me by Advocate who is known to me personally.

 COMMISSIONER FOR TAKING AFFIDAVITS