IN THE COURT OF FAMILY JUDGE

AT KARACHI (CENTRAL)

FAMILY SUIT # / 2022

1. M ST . B USHRA
D/o Samiullah
W/o Muhammad Atif, Muslim, adult,
R/o House No.43/10, sector 11-F,
Mohalla New karachi,
KARACHI
2. M ASTER J AHANGIR @ A BDUL H ADI ,
S/o Muhammad Atif, Muslim, minor
under the care & custody of his
Mother—Plaintiff No.1……….…………………..PLAINTIFFS

V E R S U S

M UHAMMAD A TIF S/o M UHAMMAD M OIN ,

Muslim, adult, resient of House No.69-L,
Muhalla Area 34-1 Korangi No.3,korangi,
KARACHI. Mobile No._______________
SECOND ADDRESS
House No. 519, Sector 3, Muhalla Rehmania
Morh, North Karachi,
KARACHI ……………………….,….…………….. DEFENDANT

SUIT FOR RECOVERY OF MAINTENACNE,

RECOVERY OF GOLD ORNAMENT, AMOUNT
& RECOVERY OF DOWER AMOUNT
====================================

That the Plaintiff above named most respectfully begs

to submit as under:

1. Nikah of Plaintiff named above was solemnized with

the defendant above named on 19/July/2019 in
consideration of Rs.20,000/=(Twenty Thousand only)
payable on demand, which is still unpaid. Hence,
defendant is strictly liable to pay the dower amount
 Photocopy of Nikahnama and Marriage certificate are
attached & Marked as Annexure “A to A/1”.

2. That at the time of Rukhsati plaintiff was given by her

parents gold ornaments of 1 tola in shape of jewallry
set including chain, locket and ear rings along with
precious dowry articles goods, which are lying at the
house of defendant, valued Rs.76,000/= (Rupees
Seventy Six Thousand only) which sold out by the
defendant due to his greedy nature. Therefore,
defendant is strictly liable to return the same
belonging to the plaintiff as her right.
Photocopy of Gold receipt is
attached & Marked as Annexure “B”.

3. That since the start of marriage the defendant

behaviour was not right towards his legally wedded
wife as defendant always used to remain outside from
the house demanded but she tolerated such cruelties
and brutalities just to save her matrimonial future,
being an eastern wedded wife with hope that one day
defendant will realize her efforts and will give some
fruitfull result but instaed of realization defendant
started demand to take money for him from her siblings
as he has no money to maintain his wife and off spring,
in order to save her house plaintiff took money from her
sister and brother total amount Rs.15,000/= (Rupees
Fifteen only) and time to time for Checkup purpose
purpose, but the Plaintiff’s brother afterwards refused to
accept such demand of Defendant and shown his
inability to fulfill such demands.That due to the refusal
of the Plaintiff’s brother for giving money to the
Defendant, the Defendant also became annoyed and he
left the plaintiff with his off spring to the Plaintiff’s house
4. That during the period of three years martial life of
Plaintiff, the defendant and his family members did
not spare a single peaceful moment for Plaintiff
named above and all the time, the defendant kept her
under harassment, mental & physical torture as well
pressure on the Plaintiff to fulfill demands of
defendant through her brother, even by selling out
their house as defendant is liable to pay rent of the
house of Rs. 16,000/=(sixteen Thousand only) where
he kept the plaintiff for few time when defandant’s
mother started quarlling with the plaintiff on petty
matters and kicked out her from his house.

Photocopy of such sms are

attached & Marked as Annexure “C to C/ ”.

5. That such black-mailing acts and conducts of the

Defendant and his family members, seriously injured the
emotion and feelings of the Plaintiff and the Plaintiff
became badly disheartened due to such disgraceful and
mean nature of the Defendant and his family member
and came under the painful shadow of mental stress,
anexity and depression.
6. That during the period of three years at three
occasions, the defendant and his family after
merciless mental torture and violence on the Plaintiff,
they thrown her out from the house of defendant,
while at one occasion plaintiff was remain in ICU
almost for more then one month in COMMA in bad
condition as the same can be seen from the photos
annexed herewith the plaint, but no one came to see
the plaintiff nor defendant paid any expenses of
medical which caused by the defendant himself by
giving her such bad treatment. Hence, defendant is
 strictly liable to pay all the expenses of medical bore
by the family of plaintiff i.e. Rs.121,216/=( One Lac
Twenty one thousand and Two hundred sixteen only).
Photocopy of Medical expenses receipt and admitted
in hospital in bad condition are attached & Marked as
Annexure “D to D/ ”.

7. That the got preganancy after the few months of

marriage and he got a baby boy namely Jahangir
aged about 1 ½ year and all delivery expenses bore
by the plaintiff’s brother as mentioned above all
expenses of medical in Para No.6 of plaint but it is
more important to highlight that the operation of
plaintiff for delivery was held on 19 september 2020
but as plaintiff’s case was converted into bad
condition and she remained admitted in hospital till 9 t h
November 2020. But the conduct of defenant
remained neglecting and bad towards plaintiff in such
circumstances too and paid no heed as after the
discharged from hospital plaintiff was sent to her
mother house to take proper care of family as
prescribed by the doctor as mentioned in the report
annexed and marked as anexure serious of “Ds”and
he was giving continously threatening messages to
plaintiff to return to my house otherwise i will
pronounce you divorce and cotract second
marriage then plaintiff after heard such bad intentions
immediately rushed towards the house of defendant in
order to save her house from breakup and to save the
shadow of father in her off spring’s head on dated 15
march 2021 and where she again got preganancy but
this time unfortunately she got miscarriage on 25
August 2021 due to her medically bad condition
caused by the defendant by providing her severe
 mental agony and from 27 August 2021 plaintiff is
residing at her parent’s house till todate and no any
single penny paid by the defendant to both plaintiffs.
8. That lastly the mother and sister of Plaintiff above
named visited at defendant’s house, where defendant
and his family members open in presence of public in
street humiliated and disgraced the Plaintiff as well as
her brother, and used dirty language against the
plaintiff, her brother and they were saved due to the
intervention of Mohallah people. It is further
highlighted that the defendant sent his second
marriage invitation to plaintiff whereas he contracted
second marriage without disclosing any cause to
plaintiff and without taking permission from plaintiff as
the marriage is entacted till today which shows
defendant naferious design and sinsiter amibtion.
That such act of defendnant is strictly liable for penal
consequences of both fine and imprisonment as
precribed in law being act against the law.
Photocopy of second marriage ceremony card is
attached & Marked as Annexure “E ”.
9. That the defendant never paid single penny to both
plaintiffs on account of her maintenance since the day
of her marriage which was/is defendant’s prime duty
of defendant to provide proper maintenance as per his
status/standard of living style and the same can be
seen from the sms annexed and marked as “C” in
above para of plaint.
10. That cause of action arose to the Plaintiff firstly 19 th july
2019 when the Plaintiff’s Nikah was solemnized, secondly
when the defendant maltreated and did not maintain the
Plaintiff, thirdly kicked out the plaintiff from his house in
wearing three clothes from his house on 27 march 2021
and concealed the second marriage and after kicked out
disclosing such fact to plaintiff and lastly in the month of
20th March, 2021 when the defendant contracted second
 marriage without persmission of plaintiff and the same
cause continues till to filing of this suit and final disposal of
the case.

11. That the Plaintiffs are residing with the local limits OF

PS GABOOL TOWN Karachi, which is within the

territorial jurisdiction of this Honourable Court.

12. That the proper Court Fee is affixed on the plaint

according to law.

PRAYER
It is therefore, prayed that this Hon’ble Court may be
pleased:-

A) To pass judgment and decree in favour of Plaintiff

against the defendant thereby directing the defendant
to pay maintenance at the rate of Rs.40,000/= for both
plaintiffs as well as pay dower amount as fixed of Rs.
20,000/= payable on demand .

B) To direct the defendant to return Gold ornament of

Rs.76,000/= or alternatively to pay its market value.

C) To direct the defendant to to pay the medical

expenses of Rs. 121,216/=.
D) To direct the defendant to pay the amount taken by
him from plaintiff’s family of Rs. 15,000/=.
E) To direct the defendant to pay the Pending Rent of
house of Rs.16,000/=.
F) To award cost of the Suit.
G) Any other further relief(s) which this Hon’ble Court
deems fit and proper under the circumstances of this
Suit.
Karachi
Dated: /0 /2022 P L A I N T I F F

ADVOCATE FOR PLAINTIFF

VERIFICATION

I, MST. BUSHRA D/o SAMIULLAH, Muslim, adult, resident of

Karachi, the Plaintiff No.1, do hereby verify on oath that whatever
stated above is true and correct to the best of my knowledge and
belief.

Karachi
Dated: /0 /2022 DEPONENT
CNIC #42101-6751800-6
CELL NO.03452549479

The Deponent above named is identified by me to the

commissioner.

COMMISSIONER FOR TAKING AFFIDAVITS

 IN THE COURT OF CIVIL & FAMILY
AT KARACHI (CENTRAL)
FAMILY SUIT N O . / 2022

MST. BUSHRA
& other . ………….…...........………. PLAINTIFFS

VERSUS
M U A H M M A D A T I F ……………….……….. DEFENDANT

LIST OF WITENSSES
OF THE PLAINTIFFS
=====================

1. ______________________________________

2. _____________________________________

3. _____________________________________

4. _____________________________________

K arachi
Dat ed: / 0 / 2022
ADVOCATE FOR PLAINTIFFS

IN THE COURT OF CIVIL & FAMILY

AT KARACHI (CENTRAL)
 FAMILY SUIT N O . / 2022

MST. BUSHRA
& other . ………….…...........………. PLAINTIFFS

VERSUS
M U A H M M A D A T I F ……………….……….. DEFENDANT

APPLICATION UNDER SECTION 17-A, OF THE

FAMILY COURTS AMENDED ORDINANCE, 2002
====================================

For the reasons disclosed in the accompanying affidavit, plaint of the

above suit on behalf of the Plaintiffs above named it is prayed respectfully

that this Honourable Court may be pleased to pass an order directing the

Defendant to pay the INTERIM MAINTENANCE allowance to the Plaintiffs

No. 1 & 2 above named at the rate of Rs.20,000/- per month for each minor

from the date of institution of this suit till passing any final Order in this

matter.

Karachi
Dated: /0 /2022
ADVOCATE FOR THE PLAINTIFFS

FOR IMMEDIATE USE IN COURT

IN THE COURT OF CIVIL & FAMILY

AT KARACHI (CENTRAL)
 FAMILY SUIT N O . / 2022

MST. BUSHRA
& other . ………….…...........………. PLAINTIFFS

VERSUS
M U A H M M A D A T I F ……………….……….. DEFENDANT

AFFIDAVIT
I, MST. Bushra D/o Samiullah W/o M.Atif, Muslim,
adult, resident of Karachi, do hereby state solemn
affirmation as under:-
\

1. That I am Plaintiff No.1 in the above matter as such

am fully conversant with the facts of the case.

2. That the accompanying Application U/S 17-A of

Family Courts Act has been drafted and filed under
my instructions and all the facts stated therein are
true, for the sake of brevity which may kindly be
taken into consideration as a part of this affidavit.

3. That I have filed the above suit for recovery of

maintenance along with other recoveries for the my
and minor Plaintiffs No. 1 & 2 and this amount of
Rs.40,000/- per month for each minor as INTERIM

MAINTENANCE which appears very reasonable, in good

faith, is urgently required by me for the above said
minors, due to which the accompanying Application
is being moved in good faith, therefore, under the
prevailing circumstances, it will be just and proper
that the same be allowed as prayed, failing wherein I
and other Plaintiffs shall seriously be prejudiced and
suffer irreparable loss which if caused would not be
compensated in terms of money.
4. That whatever has been stated herein above as well
as in the accompanying Application plaint of the
above suit are true and correct to the best of my
knowledge as well as upon the information of my
counsel which I belief to be true.

Karachi
Dated: /0 /2022 DEPONENT
CNIC #________________
CELL No.______________

The Deponent above named is identified by me to the

Commissioner for taking Affidavits.

COMMISSIONER FOR TAKING AFFIDAVITS