IN THE COURT OF AYESHA KHAN, FAMILY JUDGE ISLAMABAD EAST

Urooj khan and other VS……. Bilal khan

SUIT FOR DISSOLUTION OF MARRIAGE, RECOVERY OF MAINTENANCE,

DOWRY, WRY ARTICLES AND DOWER

WRITTEN STTEMENT ON BEHALF OF DEFENDANT

Preliminary objection:

1. That, the plaintiff has no cause of action against defendant as the suit
of the plaintiff is fabricated, untrue, fallacious and plaintiff conceal
the material facts from the honorable court.

2. That, the defendant never expelled the plaintiff from his abode
instead she, with her free will left the house of defendant on the
pretext of attending marriage of her relative and defendant request
to turn back but she refused to return back and to perform her
marital (conjugal) duties and obligations.

3. That, the defendant wishes to keep the plaintiff at home because

once the mother and father separated it has negative consequences
on child.

4. That, the defendant is ready to bear all the expenditures of plaintiff if

she willing to return home and perform her duties as wife prescribed
by sharia.
ON FACTS

1. Para 1 is partially admitted to the extent of marriage and amount of

dower but other part of para is denied because defendant pay the
remaining amount by purchasing her a gold necklace which is still in
her possession. (Receipt of gold necklace has been attached)

2. Para 2 is not concerned.

3. Para 3 is vehemently denied. Defendant never quarreled with plaintiff

as aforementioned in preliminary objection in para 2. The plaintiff’s
allegation that defendant failed to provide maintenance is absolutely
incorrect defendant fulfilled all her necessities, he never run from his
obligations as husband and father. The question of surety given by
defendant is baseless defendant never approached her parents for
patch up because she went away to her parent’s house on the pretext
of attending marriage despite request of defendant, she refused to
back home and remain their till give birth to child despite all efforts
plaintiff refused to goes back with defendant then one day Plaintiff
contact with defendant and ask him to take her to his matrimonial
abode and pledged that she will abide all her obligations as wife and
as a mother defendant take her at home they both were happy but
again without the permission of defendant she left the matrimonial
abode and went to her parent’s home and also takes the gold
necklace which is a dower amount.

4. Para 4 is partially admitted to extend of dowry articles but denied the

statement that the defendant kept the dowry articles without any
justification as defendant not divorce the plaintiff for this purpose the
dowry articles at matrimonial abode secondly there is danger that for
monetary gain the plaintiff’s family will mislead the honorable court
about the dowry articles by annexing fabricated list of dowry articles
that’s why it is at matrimonial abode if this honorable court whatever
deems fit the defendant shall do what so order by this court.

5. Para 5 is denied totally by defendant and already answered in para 3.

6. Defendant admitted what mentioned about shop in para 6 but

already mentioned that defendant maintained his wife and son.
defendant is hafiz e Quran he is well aware about his responsibilities
 as husband and father as prescribed by Quran and sunnah. he is also
a law-abiding citizen and what obligation put by law on him as
husband and father he is totally obliged to it.

7. Para 7 is vehemently denied and already answered in para 1.

8. Para 8 is denied as no cause of action has been accrued because

defendant never beat nor expelled her from abode, he never
approached her parents for patch up because at the part of
defendant there was no mistake, his abode always opens for her wife,
and no amount of dower outstanding because he bought a gold
necklace to her and completed the dower amount.

9. Jurisdiction is a legal matter but hence no cause of action this means

court has no jurisdiction to heard the suit.

10. Para 10 is pure legal matter.

PRAYER

In the above-mentioned circumstances, respectfully prayed that

I. The suit may kindly be dismissed.

II. Directing the plaintiff to return back to defendant’s house and

perform her matrimonial (conjugal) obligations and duties towards
the defendant.

III. Heavy cost may also be awarded to defendant.

Any other relief deemed possible by this honorable court may also be granted.

Answering Defendant
Through

Ayesha Ambreen
 Advocate,
High court Islamabad

VERIFICATION
Verified on oath at Islamabad on 21stSeptember 2023, that the contents of this
written statement are true and correct to the best of my information and belief.
Defendant