SUIT FOR RESTITUTION OF CONJUGAL RIGHTS



SUIT FOR RESTITUTION OF CONJUGAL RIGHTS SAMPLE


IN THE COURT OF IXth FAMILY JUDGE KARACHI (EAST)
Family Suit No. /2010 

Muhammad Talha s/o Muhammad Ali, Muslim, Adult, r/o C-25/16, Al-Ahram 
Plaza, Block-13/A, Gulshan Iqbal, Karachi. -------------------------------------------- PLAINTIFF 

VERSUS

Sana Lakhani w/o Muhammad Talha & d/o d/o Dr Mansoor Lakhani, Muslim, 
Adult, r/o F-1, Aziz Square, Phase-V, Gulshan Iqbal, Karachi. ----------------------- DEFENDANT 

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS 

The Plaintiff hereinabove respectfully submits as follows: 

1. That the Plaintiff and Defendant are husband and wife having solemnized their marriage in accordance with Sunni Muslim Law on 26/05/2000 Karachi vide Nikahnama dated 26/05/2000. It is submitted that the said flat belongs to the mother of Plaintiff, Nadia Ali w/o Muhammad Ali. In order for the Plaintiff and Defendant to have a comfortable living and a happy matrimonial life, she had them shifted to the said flat. 
                            (Photocopy of the Nikahnama is attached herewith and marked as Annexure “P-1”) 

2. It so happened that the mother of the Defendant namely Nazia Lakhani came to live for a short while at the said flat. It is submitted that the Plaintiff was under the impression that she would only stay for a couple of days, but it so happened that she quietly disposed of her Flat No. A-2, Noman Flats, Clifton, Karachi and kept on continuing to stay at the said Flat. 

3. That soon thereafter, serious problems cropped up between the Plaintiff and the Defendant for the reason that there was interference in the harmonious loving marital life. It is pertinent to mention here that this marriage was out of love and that the Plaintiff and Defendant had no complaints of whatsoever nature against each other, as the couple were very happy and living a beautiful life. 

4. It is submitted that the interference multiplied with due course of time as it was the mother-in-law of the Plaintiff who would time and again would insult, humiliate the Plaintiff to the extent of causing anxiety, depression and frustration to the married couple. With intent to ruin the happy marital life of the couple, it is submitted that on 04/09/2010, she even went to the extent of turning out the Plaintiff from the said flat which was actually belonging to Plaintiff’s mother. The said flat was given to the Plaintiff so that he could keep his family according to his choice. 

5. It is further respectfully submitted that the Plaintiff is willing to go to his marital home but the mother-in-law of the Plaintiff has spoiled the martial life of the parties. Because of this serious situation, the Plaintiff is unable to go to his house. Furthermore, she does not allow the Defendant to go and live with the Plaintiff to perform her conjugal obligations towards the Plaintiff. 
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6. It is submitted that married persons are bound to live together and share rights obligations springing from a marriage contract. If one or other has withdrawn himself on herself without lawful justification or cause after consummation, it is violation of conjugal duty. It is, therefore, respectfully submitted in the instant case that the Plaintiff is the aggrieved person as the Defendant is violating her conjugal duties at the behest of Nazia Lakhani. 

7. It is therefore, respectfully submitted that the Plaintiff has also been deprived of the custody of his two children. It is submitted that he is still taking care of his family to the best of his ability and means. The Plaintiff had to leave the marital abode for the reason that the mother-in-law disturbed the marital life of the parties. Furthermore, it is submitted that the Plaintiff left behind his personal effects and valuables in the said flat/marital abode which is now in the custody and care of Nazia Lakhani. 

8. It is apprehended by the Plaintiff that in order to pit the Defendant and the minors against the Plaintiff and to damage the blissful marital life of the parties, Nazia Lakhani by now must have brainwashed the mind of the Defendant and the minors. It is submitted that the Plaintiff is quite concerned about the welfare of the minors as much their physiological and spiritual bringing up. Hence, this suit. 

9. That the cause of action finally arose on 04/09/2010. However, this being a continuing cause of action shall subsist till such time when the relief sought for through the instant suit is granted.
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10. That 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 attached 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. Direct the Defendant to join the Plaintiff and to perform her marital obligation as much the conjugal rights; 

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 suit. 

c. Costs of the suit may be awarded. 


K A R A C H I                                                (SAJID MIR)

Dated 00.00.0000                                Advocate for the Plaintiff

CERTIFICATE

This is to certify that this is a first restitution OF CONJUGAL RIGHT and no such application of same nature has been preferred by undersigned on behalf of the present Plaintiff.

K A R A C H I                                                   (SAJID MIR)

Dated 00.00.0000                                  Advocate for the Plaintiff
  • 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 
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