IN THE COURT OF FAMILY JUDGE

CENTRAL AT KARACHI
Family Suit No. / 2011

1. Mst. Bushra Naqvi

D/o Syed Qavi Muhammad,
Muslim, Adult, R/o House No.L-146,
Sector No.3, North Karachi,
Karachi

2. Syed Muhammad Bilal

3. Syeda Tuba Naqvi

4. Syed Muhammad Furqan Naqvi

All S&D/O Syed Muhammad Amin Naqvi
Muslims, Minors through
Plaintiff No.1 (Real Mother)
with whom they are residing ------------------------PLAINTIFFS

VERSUS

Syed Muhammad Amin Naqvi

S/o Syed Muhammad Owais Naqvi,
Muslim, Adult, R/o House No.L-146, 1st Floor
Sector No.3, North Karachi,
Karachi & having Office at Sindh
Secretarial No. 4-A, Barack No.16,
Court Road, Karachi ----------------------------------------DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY

OF KHULA, RECOVERY OF AND MAINTENANCE

The plaintiff most respectfully submits as under:

1. That the Nikah / Marriage of the plaintiff No.1 was

solemnized with the defendant on 22-11-1991, at

Hyderabad, according to the Muslim Law, against the

Contd/2
 2

dower amount of Rs.25,000/-, which is still unpaid by

the defendant.

Photocopy of Nikahnama is enclosed herewith and

marked as annexure “A”.

2. That after marriage Rukhsati took place and the

defendant brought the plaintiff No.1 at Karachi and

marriage was duly consummated and from the said

wedlock three children were borne i.e. plaintiff

No.2 to 3 aged about 17, 16 & 10, who are under the

custody of the plaintiff No.1.

3. That after some time of marriage, defendant changed

his behaviour and shows true colors of his eyes and

started rude behaviour with the plaintiff No.1 and

made her life miserable day by day.

4. That on or before few years the defendant started to

torture, abuse & maltreat with the plaintiff No.1 but

Contd/3
 3

the plaintiff No.1 having no alternate shelter endured

all that just under the hope that by the passage of

time the defendant will realize his responsibilities

and resultantly in future a happy & normal

matrimonial life will start for the plaintiff No.1 but

all such hopes of the plaintiff went into vain due to

continuous habitual misconduct, maltreatment, ill

attitude, immoral demands and illegal activities of

the defendant.

5. That neither plaintiff No.1 was ever provided any love

or affection by the defendant nor the defendant

performed his legal & moral matrimonial obligations

towards the plaintiff No.1 as prescribed under Islam.

Further that the plaintiff No.1 had tried her level best

to incline the defendant for desisting from his

immoral demands, ill attitude, unlawful conduct and

un-human behaviour and to realize him the

matrimonial responsibilities laid upon him by

Almighty Allah, but due to obstinacy of the

defendant all sincere efforts of the plaintiff No.1

remain result ness. It will not be out of place to

disclose here that some common well wishers of both

the parties have also tried to incline the defendant for

Contd/4
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keeping the plaintiff No.1 as his wedded wife by

providing her the rights and to behave with her like a

human but the defendant did not pay ahead towards

those sincere advises. It is not out of place to

mention here that the defendant since marriage failed

to maintain the plaintiffs and the plaintiff No.1 being

teacher is maintaining herself as well as plaintiff

No.2 to 4 and the defendant.

6. That in the first week of August 2011, defendant by

making quarrel with the plaintiff No.1, left the house

of the plaintiff No.1 and shifted at 1 s t Floor address

mentioned above.

7. That the plaintiff No.2 to 4 are studying and their

monthly expenses is more than Rs.30,000/- but the

defendant did not paid any single penny towards theses

expenses, as such he being real father is bound to pay

the maintenance to the plaintiffs. (Photocopies of some

receipt of study of plaintiff No.2to4 are enclosed

herewith as annexure “C to C/ ”).

8. That the plaintiff No.1 has developed serious hate in her

heart against the defendant and now under the

circumstances, she will preferred die instead rejoining

with the defendant as his wife, hence this suit for

dissolution of marriage by way of khula.

Contd/5
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9. That the defendant is Government Employee as Personal

Assistant to Additional Secretary (Dev), Government of

Sindh and he is well in position to pay the past as well

as future maintenance to the plaintiffs.

10. That plaintiff No.1 is ready to forgo her dower amount

in lieu of Khula granted by this Hon’ble Court.

11. That the cause of action has arisen to the plaintiff

No.1 against the defendant for filing the instant suit

firstly when she was married with the defendant and

thereafter defendant started beating, abusing and

maltreating the plaintiff No.1 and finally when in the

first week of August 2011 the defendant left the house

and shifted at 1 s t Floor and the same cause of action is

still continued day to day till the instant suit of the

plaintiff No.1 is decreed as prayed .

12. That the plaintiff No.1 is residing at the above

mentioned address, within the territorial limits of P.S.

Khowaja Ajmair Nagri, which is within the jurisdiction

of this Hon’ble Court.

Contd/6
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13. That the proper Court fee as prescribed under the law

has been affixed on the plaint.

PRAYER

It is, therefore, respectfully prayed that this Hon’ble

Court may graciously be pleased to pass a Judgement and

Decree in favour of the plaintiff No.1 and against the

defendant as follows.

a). To dissolve the plaintiff’s No.1 marriage with the

defendant by way of Khula, as the plaintiff No.1 is

ready to forgo her dower amount to the defendant in

lieu of Khula.

b). To direct the defendant to pay past maintenance to

the plaintiff No.1 at the rate of Rs.10,000/- p.m

from last three years uptill now and further direct to

pay the future maintenance at the same rate till her

Iddat Period .

c). To direct the defendant to pay past maintenance to

the plaintiffs No.2 to 4 at the rate of Rs.10,000/-
p.m for each total amounting to Rs.30,000/- from
last three years uptill now and further direct to pay
the future maintenance at the same rate on the annual
increment of 10%.

Contd/7
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d). To grant cost of the Suit or any other relief(s) which

this Hon’ble Court under the facts and circumstances
of the matter may deem fit and proper.

PLAINTIFF No.1

Karachi.
Dated: -09-11 ADVOCATE FOR THE PLAINTIFF

VERIFICATION

I, Mst. Bushra Naqvi D/o Syed Qavi Muhammad, Muslim, Adult, R/o
Karachi, the plaintiff in the above matter do hereby solemnly affirmed
and verify on Oath that the contents of all the above paras including
prayer clauses are true and correct to the best of my knowledge and
belief.

Karachi:
Dated: -09-2011 DEPONENT

Identified by me.

ADVOCATE

Sworn before me on Oath at Karachi on this _______ day of

September 2011, by the deponent abovenamed who is identified to me
by MR. SYED AQUEEL IMAM ADVOCATE, who is known to
me personally.
COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENT FILED As per annexures.

DOCUMENTS RELIED UPON
ADDRESS OF THE PARTIES
ADDRESS FOR SERVICE OF
PLAINTIFF’S COUNSEL.
Original of the Annexures, and all
other relevant documents.
As in Title.
As in Vakalatnama.
 IN THE COURT OF FAMILY JUDGE CENTRAL
AT KARACHI

Family Suit No. / 2011

Mst. Bushra Naqvi

& others --------------------------------------------------------PLAINTIFFS

VERSUS

Syed Muhammad Amin Naqvi-----------------------------DEFENDANT

LIST OF WITNESSES

1. Plaintiff. She will corroborate the

Version of the Plaintiff.

2. Aijaz Hussain He will Support the Version

of Plaintiff.

3. ------------do----------

Karachi:

Dated: -09-2011 Advocate for the plaintiff

 For immediate use in Court
IN THE COURT OF FAMILY JUDGE CENTRAL
AT KARACHI

Family Suit No. / 2011

Mst. Bushra Naqvi

& others --------------------------------------------------------PLAINTIFFS

VERSUS

Syed Muhammad Amin Naqvi-----------------------------DEFENDANT

APPLICATION U/S 17-A OF THE SINDH FAMILY

COURT ACT 1964

For the facts & reasons disclosed in the accompanying affidavit

as well as in the memo of plaint, it is respectfully prayed on behalf of
the plaintiffs abovenamed that this Hon’ble Court may graciously be
pleased to pass interim order for maintenance of the plaintiffs @
Rs.10,000/- p.m. for each total amounting to Rs.40,000/-, as claimed
by the plaintiffs in prayer clauses of the plaint till the final disposal of
the suit, in the interest of justice.

Ad-interim order is also solicited

Prayed accordingly;

Karachi:

Dated: -09-2011 Advocate for the Plaintiffs.

 For immediate use in Court
IN THE COURT OF FAMILY JUDGE CENTRAL
AT KARACHI

Family Suit No. / 2011

Mst. Bushra Naqvi

& others --------------------------------------------------------PLAINTIFFS

VERSUS

Syed Muhammad Amin Naqvi-----------------------------DEFENDANT

AFFIDAVIT

I, Mst. Bushra Naqvi D/o Syed Qavi Muhammad, Muslim,

Adult, R/o Karachi, do hereby state on Oath as under:-

1. That I am the plaintiff No. 1 and guardian of other plaintiffs,

who are my real children and residing with me and I am deponent of
this affidavit, as such am well conversant with the facts stated herein.

2. That the accompanying application under section 17-A of the

Family Court Act 1964 as Amended upto date, has been drafted and
filed under my instructions, the contents whereof are true and correct
and the same alongwith contents of the memo of plaint may please be
treated as a part of my instant affidavit for the sake of brevity.

3. That I say that the defendant proved himself as a very

irresponsible person and since marriage, he has miserably failed to
provide any maintenance to me for myself or for the minors
children, which is his legal, moral & religious obligation.

4. That I say that the defendant is a Government Officer and he

is well in position to pay maintenance to me as well as plaintiff No.2
to 4, as he is real father of the plaintiff No.2 to 4.
Contd/2
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5. That until and unless the accompanying application is granted, I

as well as other plaintiff shall seriously prejudiced and suffer
irreparable losses.

6. That whatever stated above is true and correct to the best of my

knowledge and belief.

Karachi:
Dated: -09-2011 DEPONENT

Identified by me.

ADVOCATE

Sworn before me on Oath at Karachi on this _______ day of

September 2011, by the deponent abovenamed who is identified to me
by MR. SYED AQUEEL IMAM ADVOCATE, who is known to
me personally.

COMMISSIONER FOR TAKING AFFIDAVITS