IN THE
COURT OF JUDGE
FAMILY COURT, RAWALPINDI
Mst. Hina Jabeen daughter
of Hamad Malik wife
of Hamid Ali , resident of House No. 100. Street No 200, Block V, Satellite Town, Asghar
Mall Scheme,Tehsil And District Rawalpindi.
Plaintiff
Versus
Hamid Ali son of Malik Abid Ali , resident of House No. 555, Street 333, Block V, Satellite Town, Asghar Mall Schemes,Tehsil And District Rawalpindi.
Defendant
SUIT FOR
RECOVERY OF ARTICLES
OF DOWER
(DOWERY ARTICLES)
Respectfully sheweth:
1.
That Nikah of
Plaintiff was sermonized
with Defendant on 25.09.2003 at
Rawapindi in accordance
with Muslim Personal
Law of Shariah.
The Nikah was
duly registered with
the Nikah Registrar
in the record
of Municipal corporation,
Rawalpindi.
2.
That Rs.100,000/- was
fixed as Prompt
Dower payable on
demand.
3.
That gold ornaments
weighing 12 tolas
were gifted to
Plaintiff by defendant
at the time
of Nikah which
was agreed to be the
belonging of the
Plaintiff and this
fact was duly
recorded in column No 17 of the
Nikah Nama.
4.
That it was
further agreed at
the time of
Nikah that in
case of Nachaqi,
the Defendant would
provide Rs.3000/- per month
as maintenance to the plaintiff.
5.
That
Rukhsti was took
place on 12.11.2004. a
day before Rukhsti,
the articles of
dowry were taken
by defendant. The
details of articles
of dowry have been
given in the
annexed list.
6.
That the parties
lived together as
spouses in the
house of the
defendant and performed
their marital obligation.
7.
That the attitude
of the Defendant
and his other
members of the
family was cruel
towards the Plaintiff.
They treated the
Plaintiff as their
servant and they
kept the Plaintiff
continuous mental and
Physical torture. The
Plaintiff was given
beating on petty
house hold matters.
8.
That the atmosphere
of Defendant’s house
was not good. Two of
the brothers of
the Defendant are
addict to heroin
and other narcotics.
They used to
live in a
room just opposite
of the room
of the Plaintiff.
The said brothers
always created a bad atmosphere
in the house
and the Plaintiff
was constrained to
keep herself into
her room. She
could not live
freely in the
house. They used
to quarrel with
the Plaintiff and
other family members
of the Defendant.
The Plaintiff always
apprehend the loss
of her modesty
from the hands
of the brothers
of the Defendant.
9.
That in
spite of
said difficulties the
plaintiff continued to
stay in the
house of defendant
with the hope
that the defendant
would get the
said atmosphere in
order but he
instead of changing
the atmosphere and
their attitude started
misbehaving with the
Plaintiff. When the
Plaintiff was pregnant
she was sent
to the house
of her parents
for the delivery
of kid/child. The
Plaintiff remained in the house
of her parents
for about three
months where she
gave birth to
a son namely
Kashif Ali. All
the expenses of
the delivery were
born by the
parents of the
Plaintiff.
10.
That after the
birth of the
child, the defendant
promised that he
would change his
attitude and would
improve the atmosphere
of his house.
On the said promise
the Plaintiff abode
with him in
his house but
the things could
not be changed
and the Plaintiff
was again forced
to live the
same life. She
became seriously ill.
Her second pregnancy
was abolished due to physical
torture of the
defendant and his
family. She was
sent back to
her parents house
in wearing three
clothes. When she
was seriously ill
the parents of
the Plaintiff provided
medical treatment and
her health was
restored because of
timely treatment.
11.
That for the
last five months,
the Plaintiff is
living with her
parents together with
minor. The defendant
has not provided
any maintenance to
plaintiff and his
minor child.
12.
That the parents
of the Plaintiff
made attempts to
reconcile the matter
but the conduct
and the attitude
of the defendant
is not above
board and the
matter could not
be dissolved.
13.
That the
plaintiff asked the
defendant to return
the above said
articles of dowry
or to pay
the value of
the same to
the plaintiff as
there is no
chance of reunion
between them, but he
is adamant.
14.
That the
parties are putting
up at Rawalpindi,
where the cause
of action accrued,
hence this Honorable
Court has a
Jurisdiction.
15.
That
the prescribed court fees has been fix on the plaint.
Prayer:
It is, therefore,
respectfully prayed that
a decree for
recovery of articles
of dowry mentioned
in the annexed
list or in
alternative the value/cost
of the said
articles amounting to Rs 350,000 may graciously be
passed in favour of the plaintiff
as against the
defendant with cost.
Through:-
Name of Advocate / Lawyer
Advocate High Court
Verification
Verified on
oath, at Rawalpindi
this----- day of 2014 that
the contents of
Para 1 to 7 are true
to the best
of my knowledge
and belief and
rest of the
information received.
Plaintiff
so much helpful
ReplyDeleteGood
ReplyDelete