IN THE COURT OF SENIOR CIVIL JUDGE WITH THE POWERS OF JUDGE FAMILY COURT, LAHORE.
1. Mst. Komal Bibi Daughter of Allah Rakha, Resident of House No. 2, Finny Road, Near DS Office, Railway, Lahore.
2. Abdul Raffay Sonof Ahmad Waqas, minor through Mst. Komal Bibi plaintiff No. 1 as his real mother and natural guardian.
….Plaintiffs
V E R S U S
Ahmad Waqas Son of Abid Amman-ul-Alla Khan Resident of House No. 539/E, WAPDA Town, Lahore.
….Defendant
SUIT FOR DISSOLUTION OF MARRIAGE, RECOVERY OF DOWER AMOUNT RS. 3,000,000/- RECOVERY OF DOWRY ARTICLES, RECOVERY OF MAINTENANCE ALLOWANCE @ RS. 18,000/- P.M. ALONGWITH RECOVERY OF DELIVERY EXPENSES RS. 45,000/-.
Respectfully Sheweth:-
1. That plaintiff No. 1 was married with defendant on 30.06.2006 according to Muslim Laws with consideration of dower amount Rs. 3,00,000/- which is still unpaid to the plaintiff No. 1. At the time of marriage the parents of the plaintiff No. 1 gave valuable dowry articles alongwith golden ornaments to the plaintiff No. 1 which are lying with the defendant. The detail of which have been narrated in list attached.
2. That after marriage the plaintiff No. 1 went to the house of the defendant and performed her marital obligations with the defendant and from the wedlock of the parties a son named Abdul Raffay plaintiff No. 2 was born who is now of the age of 2½ years and is residing with the plaintiff No. 1.
3. That after marriage the relations of plaintiff and defendant remained cordial upto four months and thereafter the defendant used to come late at night and on inquiring it transpired to the plaintiff No. 1 that defendant is habitual of gambling, drinking of wine etc. and has also created illicit relations with women of bad repute. The plaintiff No. 1 requested the defendant to leave the above said bad habits but the defendant instead of acting upon the request of the plaintiff created annoyance in his mind and started neglecting to perform his legal and ethical obligations, as such the plaintiff No. 1 became neglected wife in his house.
4. That the plaintiff No. 1 informed the parents of the defendant about the behaviour and bad habits of the defendant, they also took no notice of those on the other hand they also supported the defendant. In these circumstances the plaintiff No. 1 became as slave in the house.
5. That in the month of ____________ when the plaintiff was pregnant, the defendant on the instigation of his mother and sisters leveling false and fake allegation after giving severe beating turned out the plaintiff from his house in three wearing apparels and snatched the gold ornaments of the plaintiff No. 1, which were given by the parents of the plaintiff as well as, which were gifted by the defendant and his parents and also captured the dowry articles of the plaintiff. Since then the plaintiff has been residing with her parents.
6. That at the time of delivery all the expenses were born by the parents of the plaintiff which were amounting to Rs. 45,000/-. The defendant and his parents neither came to see the born baby nor they supported financially in any way. But on the other hand they have leveled false allegations regarding the parentage of the born son from the wedlock of the parties.
7. That since ___________ the defendant has neither took the plaintiff and his son to his house nor he has paid any maintenance allowance to the plaintiff and the minor. Rather he has threatened to murder the plaintiff and the minor son but also he is sending serious messages through telephone and mobile for dire consequences and due to his unethical and illegal acts the plaintiff has got hatred in her mind, as such the plaintiff cannot live with the defendant as his wife and she intends to get decree for dissolution of marriage.
8. That the defendant is running a business of selling and purchasing of vehicles and his monthly income is more than one lac (Rs. 1,00,000/-) and the defendant can easily pay the demanded maintenance allowance to the plaintiff and the minor.
9. That plaintiff many a times has requested the defendant to return her dowry articles alongwith gold ornaments, pay maintenance allowance since ___________ @ Rs. 8,000/- per month, pay delivery expenses amount to Rs. 45,000/- and also divorce the plaintiff, but the defendant has tolerated the matter on one or the other pretext. Hence this suit.
10. That the cause of action arose in favour of plaintiff against the defendant firstly on 30.06.2006, secondly when the plaintiff was thrown out by the defendant from his house and lastly a week ago when he refused to accept the genuine request of the plaintiff.
11. That the parties are residing in Lahore, cause of action has also arisen at Lahore, so the family court at Lahore has jurisdiction to try and decide the suit.
12. That the prescribed court fee has been affixed on the plaint.
P R A Y E R:
It is, therefore, most respectfully prayed that the suit of the plaintiff may kindly be decreed as under:-
(a) A decree for dissolution of marriage may kindly be passed in favour of plaintiff and against the defendant.
(b) A decree for recovery of maintenance allowance @ Rs. 5,000/- per month in favour of plaintiff No. 1 from _______ till the period of Iddat and maintenance allowance for plaintiff No. 2 @ Rs. 3,000/- per month since his birth till the age of majority with annual increase @ 10% be passed.
(c) A decree for recovery of delivery expenses to the plaintiff No. 1 amounting to Rs. 45,000/- may kindly be passed in favour of the plaintiff No. 1.
(d) A decree for recovery of dowry articles alongwith gold ornaments according to list attached with the plaint may kindly be passed in favour of plaintiff No. 1.
Suit be decreed with costs in favour of the plaintiff.
Any other relief which this Honourable Court deems fit may also be awarded.
Plaintiff
through
EHSAN RAMZAN
Advocate High Court
.
VERIFICATION
Verified on oath at Lahore this 9th day of August 2010 that the contents of paras No. 1 to 9 are correct to the best of my knowledge and remaining paras No. 10 to 12 are true to the best of my belief.
Plaintiff
IN THE COURT OF SENIOR CIVIL JUDGE WITH THE POWERS OF JUDGE FAMILY COURT, LAHORE.
In re:
Mst. Iqra VS Shair Muhammad
(SUIT FOR DISSOLUTION OF MARRIAGE, RECOVERY OF DOWER ARTICLES AND MAINTENANCE ALLOWANCE.)
LIST OF WITNESS
ON BEHALF OF PLAINTIFF
1.
2.
3. Plaintiff herself as witness will corroborate the contents of the plaint.
The witnesses will support the version of the plaintiff.
Plaintiff
through
EHSAN RAMZAN
Advocate High Court