Karachi South

IN THE COURT OF  FAMILY JUDGE KARACHI SOUTH.

Family Suit. No.        /2021

1. MST: ASMA

D/o Muhammad Younis

Muslim, Adult, R/o 199 A & B , Moosa Lane, Miran Pir, Layari Quarters 

Karachi.

2. SIFAT

Through his

Natural Guardian ( Mother)-------------------------------Plaintiffs

V E R S U S

FAIZAN

S/o Aslam Hussain,

Muslim Adult, R/o flat No. 1604, 2nd Floor, Block-2 F.B area,

Karachi-----------------------------------------------------------Defendant

SUIT FOR RECOVERY OF PERSONAL PROPERTY BELONGINGS AND MAINTENANCE OF THE PLAINTIFFS.

The plaintiff above named submits as here under:-

1. That the plaintiff No. 1 was married with defendant on 27-01-2017, in  accordance to Muslim family laws of Pakistan, against the prompt dower  of Rs. 5000/- five thousand rupees same was paid by the Defendant at the time of Nikkah.

“Copy of Nikkahnama is attached herewith and marked as Annexure A” 

2. That after the Nikkah the Rukhsati was taken place to the house of defendant on the same day.

3. That the defendant is working as Assistant Account in Lunor wooden company and besides that he is running his personal business of distribution of mineral water at industrial area korangi Karachi.

4. That after solemnization of marriage the relations between the spouses remained harmonious, soon after passing of sometime of  the marriage behavior of defendant and his family members with  plaintiff N0.1  was immoral, insulting, and misbehaving, the reasons almighty Allah knows better or the defendant and his family members, and the relationship between the plaintiff No. 1 and defendant got worse, as the family of defendant used to abuse and beat the plaintiff No. 1, during the tenor of marriage on many occasions and insulted the plaintiff No. 1 on pity matters but the plaintiff No.1 was always remained silent.

5. That thereafter on dated ____________out of this wedlock one issue was born namely SIFAT (Plaintiff No.2) now he is aged about 4 years.

6. That on dated 19-11-2021 the defendant himself left the Plaintiff No.1 along with Plaintiff No.2 at the house of her mother for visiting purpose on very next day the defendant announced Tallaq and sent her divorce deed to Plaintiff No.1 on dated 20-11-2021 without any fault or specific reason thereafter plaintiff No.1 tried to contact with the defendant through relatives and friends but could not succeed.

7. That It is pertinent to mention here that the parents of plaintiff No.1  had gifted the god  ornaments to the Plaintiff No.1 at the time her marriage, then after passing of sometime the  defendant borrowed the Gold Ornaments weighted about 5 Tola from plaintiff No.1 same were sold out by the defendant to purchase his personal house moreover the mother of Plaintiff No.1 has also given the 1 Tola Gold Ornaments to the mother of defendant at the birth occasion  of plaintiff No. 2

“Copy of Gold receipts and USB (having video of gold ornaments) are attached herewith and marked as B & B1” Annexure 

8. That defendant also borrowed Rs. 200,000/- (Two Lac rupees) from brother of Plaintiff No.1 namely Awais through plaintiff No.1 at the time of Purchasing his house.

9. That after receiving the divorce deed plaintiff approached to the house of defendant to meet and settle the issue but defendant never came at his house now plaintiff No.1 residing at the house of defendant and she possesses her dowry articles except Gold ornaments and personal documents related to the Plaintiffs.

10. That finally when defendant left no any option the plaintiff No. 1 approached to the concerned Police station Baghdadi and moved an application against the defendant therein claiming her personal property, belonging and for maintenance.

“Copy of Application is attached herewith and marked as Annexure C” 

11. That it is bounded duty of the defendant to maintain the plaintiff No.1 being till his Iddat period and the plaintiff No. 2 being his son, therefore the plaintiff No. 1 is entitled for maintenance at the rate of rupees 20,000/- per month from 20-11-2021 till completion of Iddat period and the Plaintiff No. 2 is entitled for maintenance at the rate of rupees 15,000/- from 20-11-2021 till today and in future maintenance with yearly enhancement of 20/%, That since the plaintiffs lives within the jurisdiction of P.S Baghdadi being Resident of above mentioned address and the cause of action also accrued here therefore this Honorable Court has jurisdiction to adjudicate upon the matter.

12. That the cause of action for the instant suit accrued firstly on 27-01-2017, when the plaintiff married to the defendant, secondly, when the defendant let the plaintiffs at the house of her mother and announced tallaq thereby sent the divorce deed on dated 20-112-021, thirdly when defendant failed to return her personal property belongs gold ornaments weighted about 6 tola fourthly failed to return Rs. 200,000/ two lac rupees of borrowed from brother of plaintiff No.1 and refused to pay the maintenance of the plaintiffs and since then cause of action accrues every day the defendant does not pay maintenance to the plaintiffs.

13. That the plaintiff is residing within local limits of Police Station Baghdadi fall within the territorial jurisdiction of this Hon’ble Court.

14. That the proper court fee has been affixed as per law. Presently the plaintiff 

15. residing at the address as given in the plaint.

PRAYER

                      It is therefore, very humbly and respectfully prayed that this Hon’ble Court may kindly be please to pass judgment and decree in favor of the plaintiff and against the defendant as under:-

a) To direct the defendant to pay back her personal property belongings i-e 6 Tola Gold Ornaments which was borrowed by the defendant from the Plaintiff No. 1.

b) To direct the defendant to pay back Rs. 200,000/- (Two Lac Rupees ) which was borrowed by the defendant  from brother of plaintiff No.1  namely Awais through Plaintiff No.1

c) To direct the defendant to return the personal documents related to plaintiffs.

d) To direct the defendant to pay present and future maintenance of the Plaintiff No. 1 at Rs:20,000/-per month accruing form 20-11-2021 till Iddat period.

e) To direct the defendant to pay present and future maintenance of the Plaintiff No. 2 at Rs:15,000/- per month accruing form 20-11-2021 with enhancement of 20% per Annum.

f) To direct the Defendant to pay the Cost of the Instant Suit.

   

g) Cost of the suit.

h) Any other relief(s) which may this Hon’ble Court deem fit.

Karachi.

Dated : 12-2021                                  DEPONENT/PALINTIFF

Advocate for the Plaintiff.

VERIFICATION

I, MST: ASMA D/o Muhammad Younis Muslim, Adult, R/o 199 A & B , Moosa Lane, Miran Pir, Layari Quarters Karachi, do here by verify on solemn affirmation and on oath that whatever stated here in above is true and correct to best of my knowledge and belief.

     

DEPONENT/PLAINTIFF

Solemnly affirmed before me on oath at Karachi on this _____day of December 2021 by the deponent, who is identified by ALI RAZA BHATTI Advocate who is personally known to me.

COMMISSIONER FOR TAKING AFFIDAVITS.

Documents filed:                            copy of Electricity Bill, 

List of witnesses:                            list of witnesses is attached  

Documents relied upon:                Original of above

Address of parties:                          As mentioned in the title of Plaint.

Address of Advocate:                     As mentioned in the Vakalatnama

IN THE COURT OF  FAMILY JUDGE KARACHI SOUTH.

Family Suit. No.        /2021

Mst Asma & others -------------------------------------------------------Plaintiffs

V E R S U S

Faizan-------------------------------------------------------------------------Defendant

LIST OF WITNESSES 

1. Plaintiff herself supports.

2. Mother of the Plaintiff No.1 namely Parveen

3. Brother in law of the Plaintiff No. 1  namely Faisal

KARACHI

Date: -12-2021 ADVOCATE FOR PLAINTIFF

IN THE COURT OF  FAMILY JUDGE KARACHI SOUTH.

Family Suit. No.        /2021

Mst Asma & others -------------------------------------------------------Plaintiffs

V E R S U S

Faizan-------------------------------------------------------------------------Defendant

V A K A L A T N A M A

I, Asma D/o Muhammad Younis,the Plaintiff No. 1 in the above noted family Suit, do hereby appoint and constitute Mr. Ali Raza Bhatti, Advocate to appear and act for us as our advocates in the above matter. We also undertake to pay their professional fee in the above matter and they would be at liberty to with draw their appearance from the above matter in case their full fee is not paid before the conclusion of the above matter. The above engagement is only for the instance of this case.

We also authorize our advocates to withdraw and to receive on our behalf all sums and amounts deposited on our account in the above noted matter and/ or refer the above matter to arbitration or to compromise or to withdraw the same.

_____________

Mst. Asma

A C C E P T E D

_______________________

ALI RAZA BHATTI

ADVOCATE

SBC# 2231-KHP

CELL# 03004195246

Suit No….. Main P & T Colony Gate Near Gizri Pull Clifton  Karachi South.

IN THE COURT OF  FAMILY JUDGE KARACHI SOUTH.

Family Suit. No.        /2021

Mst Asma & others -------------------------------------------------------Plaintiffs

V E R S U S

Faizan-------------------------------------------------------------------------Defendant

APPLICATION  U/S 17-A OF FAMILY COURT ACT FOR INTERIM MAINTENANCE OF THE PLAINTIFFS.

It is respectfully prayed on behalf of the plaintiffs that this Honorable Court may kindly be pleased to grant interim present and future maintenance of the plaintiffs with the enhancement of 20% annum as prayed in the prayer clause of this family suit till the legal entitlement of Plaintiff No. 2, on consideration of grounds and facts mentioned in the accompanying affidavit. 

The prayer is made in the best interest of Justice.

Karachi 

Dated: /12/2021 Advocate for the Plaintiffs.

IN THE COURT OF  FAMILY JUDGE KARACHI SOUTH.

Family Suit. No.        /2021

Mst Asma & others -------------------------------------------------------Plaintiffs

V E R S U S

Faizan-------------------------------------------------------------------------Defendant

AFFIDAVIT

I, MST: ASMA D/o Muhammad Younis Muslim, Adult, R/o 199 A & B , Moosa Lane, Miran Pir, Layari Quarters Karachi, do here by verify on solemn affirmation and on oath that as under:-

1. I say that I am one of the plaintiff in the captioned suit thus I know the facts and circumstances of the case and the accompanying application for interim maintenance has been filed under my specific instructions, the contents whereof may be treated as part and parcel of this affidavit for the sake of brevity.

2. I say that the contents of the accompanying application are true, correct hence the same to be treated as part and parcel of this affidavit for the sake of brevity. 

3. That the defendant is earning more than Rs: 50,000/- (fifty thousand rupees) per month from his job and used to run their business  of distribution of mineral water at Korangi Industrial area Karachi where from defendant is earning handsome amount more than Rs: 100,000/- ( One Hundred thousand rupees).

4. That the plaintiffs maintained by the parents of the plaintiff No.1 but the defendant miserably failed to pay a single penny for the maintenance of Plaintiffs.

5. That the Plaintiff No.1 is going to get admission of plaintiff No.2 in any higher standard school so she has required admission fee and other expenses related to Plaintiff No.2

6. That if accompanying application is not allowed plaintiffs shall suffer irreparable loss/mental and legal injury. 

7. That whatever stated hereinabove is true and correct to the best of my knowledge and belief. 

Karachi

Dated: -12-2021

DEPONENT