Marriage Dissolution Samples

SUIT FOR DISSOLUTION OF MUSLIM MARRIAGE BY WAY OF KHULA 

IN THE COURT OF VIIIth FAMILY JUDGE KARACHI (WEST) 

Family Suit No. /2009 

Shahista Bashir w/o Jamshed Bashir & d/o Yaqoob Ali, 

 Muslim, Adult,  r/o House no. 119, Sector 8/B, 

Saeedabad, Baldia Town, Karachi. -------------------------------------------- PLAINTIFF 

Versus

Jamshed Bashir, s/o Muhammad Din, by caste Butt, 

 Muslim, Adult, r/o House no. 1222, Gali no. 12, 

 Saeedabad, Baldia Town, Karachi.  ------------------------------------------ DEFENDANT 


SUIT FOR DISSOLUTION OF MUSLIM MARRIAGE BY WAY OF KHULA 

The Plaintiff hereinabove humbly submits as follows: 

1. That Plaintiff and Defendant entered into matrimony about 25 years ago at Gujranwala, Punjab, and subsequent thereto, the parties moved to Karachi. That out of wedlock, the parties were blessed with one son and one daughter namely Shahid Bashir and Yasmeen Bashir both of whom are major. At this juncture, it is relevant to mention that at the time of solemnization of the marriage of Plaintiff with Defendant, Defendant was already married to one Inayat Bibi, which fact Plaintiff had no knowledge or information about; the verity of which she only learnt about after her marriage. 

2. That since the very inception of the marriage, Defendant’s attitude towards Plaintiff was harsh and the Defendant subjected Plaintiff to both physical and mental torment and anguish. Such unethical and appalling actions have caused irreparable mental and physical suffering and torment to the Plaintiff, for which the Plaintiff reserves her right to seek compensation from a Court of competent jurisdiction of law.

3. That the Defendant on numerous occasions, without any justifiable reason whatsoever, physically and mentally assaulted the Plaintiff. It is humbly submitted that such maltreated behaviour of the Defendant was unethical, immoral and inhumane, inasmuch as the same was against the very Injunctions of Islam and the norms governing the relationship of husband and wife prevalent in the society. 

4. That given the prevailing circumstances, the Plaintiff was turned out of the house by the Defendant on several occasions and was forced to find shelter in her parents’ house. However, bearing in mind the sacrosanct arrangement of a husband and wife in an Islamic society and the wellbeing of her children, the Plaintiff would always return to the Defendant out of her own accord in order to continue with her matrimonial obligations. It is submitted that on no point when the Plaintiff was turned out of the house, the Defendant ever sought to bring back the Plaintiff after she was turned out subsequent to the cruelty caused by the Defendant. 

5. That even at the time when the Plaintiff and the Defendant resided together, the Plaintiff was always compelled to ask for financial support from her parents and her elders in order to maintain the domestic expenditures. It is submitted that the Defendant never provided for the Plaintiff’s maintenance and the maintenance of their children, and as such, the Defendant’s behaviour foreshowed his lack of responsibility and concern towards the Plaintiff and their children. 

6. That at the time when the Plaintiff was married to the Defendant, the Plaintiff’s family provided articles amounting to Rs. 500, 000/- (Rs. Five Hundred Thousand Only) as dowry to the Plaintiff which the Defendant handed over to his first wife. 

SUIT FOR DISSOLUTION OF MUSLIM MARRIAGE BY WAY OF KHULA 

7. That on or about 09/06/2009, on a very petty and insignificant matter, an argument arose between the Plaintiff and the Defendant ensuing which the Defendant physically assaulted the Plaintiff and subjected her to cruelty and torture thereby causing her severe anguish, distress and depression. Consequent thereto, the Defendant left the house with a suitcase and has not returned home till date. It is submitted that subsequent to such argument, in the same month, the Plaintiff received a letter from the Defendant in which he, after levelling false, fabricated, unsupported and groundless allegations against the Plaintiff, exercised his right to first divorce. It is submitted that given the facts narrated hereinabove, the Plaintiff is unable to co-exist with the Defendant within the limits settled by the Shariah, inasmuch as hatred has developed in the heart of the Plaintiff, and, she is, hence, seeking dissolution of her marriage with the Defendant in exercise of her right of Khula. 

(Photocopy of said letter is attached herewith and marked as Annexure “P-1”)

8. That the Plaintiff, having suffered an enormous deal of suffering at the hands of the Defendant for the last 25 years, is compelled to request this Hon’ble Court to grant her dissolution of marriage by way of Khula, as the parties hereto cannot live within the limits ordained by the Sharia and have failed to do so since the inception of their marriage, hence, this suit. 

9. That the cause of action accrued in favour of the Plaintiff for the facts and reasons disclosed hereinabove. The Plaintiff resides within the limits of P.S. ______________________, which falls within the territorial jurisdiction of this Hon’ble Court. Proper court fee has been affixed herewith. 

PRAYER 

It is, therefore, in the interest of equity, justice and good conscience, prayed that this Hon’ble Court may be pleased to pass a Judgment and Decree as follows: 

a. Dissolve the marriage between the Plaintiff and the Defendant by way of Khula. 

b. Grant any other, better, further and/or equitable relief that this Hon’ble Court deems fit, proper and necessary given the prevalent facts and circumstances in the instant case. 

c. Costs of the suit may be awarded. 

Karachi                                                             PLAINTIFF

 Dated: 10/11/2009                          ADVOCATE FOR THE PLAINTIFF


VERIFICATION 

I, Shahista Bashir w/o Jamshed Bashir & d/o Yaqoob Ali, Muslim, Adult, Resident of House no. 119, Sector 8/B, Saeedabad, Baldia Town, Karachi, holding CNIC No. 42356-5689562-4, do hereby on solemn oath and affirmation submits that whatever is stated above is true and correct to the best of my knowledge and belief. 

                                                                                   DEPONENT 

                                                                                Identified by me. 


Document(s) filed: 

Annexure ‘P-1’ 

Document(s) relied upon: Annexure ‘P-1’and all other documents that are necessary and relevant to the subject matter. 

Address for service: As mentioned in the Title. 

Address for the Plaintiff’s counsel: As mentioned in the Vakalatnama Drafted by me.

A D V O C A T E FOR PLAINTIFF


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