IN THE COURT OF CIVIL / FAMILY JUDGE & J.M.

AT KARACHI (SOUTH)

F.S. No. / 2021

Mst. Javeria
D/o Shah Nawaz
Muslim, Adult, R/o

Karachi-----------------------------------------------------------PLAINTIFF

VERSUS

Shaikh Murtaza
S/o Ghulam Mustafa,
Muslim, Adult, R/o

Karachi--------------------------------------------------------DEFENDANT

SUIT FOR DISSOLUTION OF MARRIAGE BY

WAY OF KHULA.

The plaintiff abovenamed most respectfully begs to

submit as under:-

1. That the plaintiff was married with the defendant

on 22-03-2018, at Karachi, according to the

Muslim Family Law against a dower of 41 grams

gold, which is still outstanding against the

defendant .

Photocopy of Nikahnama is enclosed herewith and

marked as annexure ‘A’.

2. That after marriage Rukhsati took place and

marriage was duly consummated and from the said

wedlock there is no issue.

3. That at the time of Rukhsati, plaintiff’s parents

gave her dowry articles, gifts and other belongings

amounting Rs.____________/-, which still are in

the possession of defendant, the plaintiff reserve

her right to claim the same through separate suit.

(Photocopy of list of dowry articles and list are

enclosed herewith as annexure “B”) .

4. That before the marriage, the defendant as well as

his parents has concealed the fact that the defendant

has suffering from a danger diseases i.e.

Schizophrenia/Physiological issue.

5. That at first night of the marriage, the defendant

told the plaintiff that due to some depression, the

defendant has to take some medicines and concealed

the above disease from the plaintiff.

6. That after some time the defendant started some

unusual acts and the defendant used to told the

plaintiff that “I am Imam Mehdi and I will kill the

Dajjal”, but the plaintiff ignored that might the

defendant is joking with plaintiff, but the defendant

was continuously doing all such stranger acts.

7. That the defendant suffers 3/4 attacks due to said

diseases and tried to cause harmful losses to the

plaintiff, which was very painful for the plaintiff. It

 is not out of place to mention here that the mother

of the defendant by calling the defendant served the

medicine to the defendant in her own room, just to

keep the plaintiff in darkness regarding the said

diseases.

8. That due to the above said disease, the defendant

used to sleep most of the day and night, due to

which the life of the plaintiff is completely

disturbed, as such was not doing any job and the

plaintiff was being maintained by her parents.

9. That the plaintiff came to know that parent of the

defendant used to take the defendant to some

Doctors for his treatment after every few months

and during cleaning the house, the plaintiff got a

box of medicine i.e. (Clozapine) Clozaril and

thereafter the plaintiff get information regarding the

said medicine, she came to know that the said

medicine used for Physiological issue and the

plaintiff also asked the defendant, he accepted that

he used to take the same medicine. It is not out of

place to mention here that through some reliable

sources the plaintiff came to know that the said

disease is very dangerous and the same is not

curable.

10. That the parents and younger brother of the

defendant also used to torture mentally, used

insulting language to the plaintiff and the younger

brother of the defendant also tried to beat the

 plaintiff and also by taking knife, the younger

brother of the defendant came to plaintiff cause

injuries to the plaintiff, the plaintiff by locking

herself in a room saved from him.

11. That as the facts mentioned above, the life of the

plaintiff also was in danger in the house of the

defendant, but she under the hope that by the

passage of time, the defendant will be normal and

his family will realize their responsibility, but all

went in vain.

12. That defendant failed to properly maintain the

plaintiff.

13. That neither the defendant provide plaintiff any love

or affection nor the defendant performed his legal &

moral matrimonial obligations towards the plaintiff as

prescribed under Islam. Further that the plaintiff had

tried her level best to incline the parents and brother of

defendant for desisting from ill attitude, unlawful

conduct and un-human behaviour, but due to obstinacy

all sincere efforts of the plaintiff remain result ness.

14. That on __________, parents & younger brother of the

defendant turned out the plaintiff from their house only

wearing her clothes and since after plaintiff is residing

at her grandmother house.

15. That the plaintiff has developed serious hate

in her heart against the defendant and now under the

circumstances, she will preferred to die instead of

 rejoining the defendant as his wife, hence this suit

for dissolution of marriage by way of Khula .

16. That plaintiff is ready to forgo her dower in lieu of

Khula granted by this Hon’ble Court.

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

against the defendant for filing the instant suit

against the defendant firstly when she was

married with the defendant and thereafter

plaintiff came to know about the disease of the

defendant and when the plaintiff during cleaning

got box of medicine and she came to know about

the disease of defendant and when the plaintiff

came to know that the same disease is not curable

and when the parents of the defendant mentally

tortured, used insulting language to the plaintiff

and finally when the plaintiff was turned out from

the house of the defendant and the same cause of

action is still continued day to day till the instant

suit of the plaintiff is decreed as prayed .

18. That the plaintiff is residing at the above mentioned

address with her grandmother, within the territorial

limits of P.S. Baghdadi, which is within the

jurisdiction of this Hon’ble Court.

19. 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 and against the

defendant as follows.

a). To dissolve the plaintiff’s marriage with the

defendant by way of Khula, as the plaintiff is ready

to forgo her dower amount to the defendant in lieu of

Khula.

b). 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

Karachi.
Dated: -03-07 ADVOCATE FOR THE PLAINTIFF

VERIFICATION

I, Javeria D/o Shah Nawaz, Muslim, Adult, R/o Karachi, the plaintiff in

the above matter do hereby

Contd/6
 6

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: -06-2021 DEPONENT

Identified by me.

ADVOCATE

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

2021, by the deponent abovenamed who is identified to me by MR.

JAMIL LAASI Advocate, who is known to me personally.

COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENT FILED As per annexures.

DOCUMENTS RELIED UPON Original of the Annexures, and all
other relevant documents.

ADDRESS OF THE PARTIES As in Title.

ADDRESS FOR SERVICE OF

PLAINTIFF’S COUNSEL. As in Vakalatnama.
IN THE COURT OF CIVIL / FAMILY JUDGE & J.M.
AT KARACHI (SOUTH)

F.S. No. / 2021

Mst. Javeria------------------------------------------------------PLAINTIFF

VERSUS

Shaikh Murtaza---------------------------------------------DEFENDANT

LIST OF WITNESSES

1. Plaintiff. She will corroborate the

Version of the Plaintiff.

2. Support the Version

of Plaintiff.

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

Karachi:

Dated: -06-2021 Advocate for the plaintiff

IN THE COURT OF CIVIL / FAMILY JUDGE & J.M.
AT KARACHI (SOUTH)

F.S. No. / 2021

Mst. Javeria------------------------------------------------------PLAINTIFF

VERSUS

Shaikh Murtaza---------------------------------------------DEFENDANT

APPLICATION U/R 14 SINDH CIVIL COURT RULES

For the reasons disclosed herein the accompanying affidavit, it

is prayed on behalf of the plaintiff that this Hon’ble Court may be

pleased to entertain the urgent matter in the vacations, in the interest

of justice.

Prayed accordingly.

Karachi:

Dated: -06-2021 Advocate for the Plaintiff .

IN THE COURT OF CIVIL / FAMILY JUDGE & J.M.
AT KARACHI (SOUTH)

F.S. No. / 2021

Mst. Javeria------------------------------------------------------PLAINTIFF

VERSUS

Shaikh Murtaza---------------------------------------------DEFENDANT

AFFIDAVIT

I, Mst. Javeria D/o Shah Nawaz, Muslim, Adult, R/o Karachi,

do hereby state on Oath as under:

1. That I am the plaintiff in the above titled suit and deponent of

this affidavit, as such am well conversant with the facts stated herein.

2. That the accompanying application under section Application

U/R 14 Sindh Civil Court Rules, 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 family of the defendant are influence

persons and they are issued threats to me that they will forcibly take
the plaintiff to their house for serving the defendant, as such there is
serious apprehension that they forcibly take me with them, in that
case my life will be in danger.

4. That I say that my parents, brother and other family members

are residing at Libya, I am residing with my grandmother at the
above mentioned address, therefore prayed for entertaining my above
titled suit in vacation.

5.
6. That until and unless the accompanying application is granted,
I shall seriously prejudiced and suffer irreparable losses.

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

knowledge and belief.

Karachi:
Dated: -06-2021 DEPONENT