IN THE COURT OF ______ FAMILY JUDGE _______

AT KARACHI

Family Suit No.______/2023

Mst. ARIFA BEGUM,

D/O DILSHAD KHAN,

Muslim, Adult,

Resident of House No. E-19, Azam Nagar,

Liaquatabad, Karachi …………………………………………… PLAINTIFF

VERSUS

SYED SHEHZAD ALI,

S/O SHARAFAT ALI,

Muslim, Adult,

Resident of House No. N-317, Block A,

Muhalla Siddiq Goth, Taiser Town,

Karachi …………………………………………………………. DEFENDANT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

Both the minors are currently residing with their father at the above
mentioned address.

SUIT FOR DISSOLUTION OF MARRIAGE BY

WAY OF KHULA, RECOVERY OF DOWRY
ARTICLES, AND MAINTENANCE

The plaintiff above named respectfully submits as under: -

1. That the plaintiff was married to defendant on 16-09-2017 at
Karachi according to Muslim Family Laws Ordinance 1961 against
the dower amount of Rs.25,000/- (in words Rupees twenty five
thousand Only) which is still unpaid.

(Nikahnama is in the custody of defendant hence plaintiff is

unable to produce the same here before this Honorable court)

2. That on the same day and date rukhsati was taken place and
Plaintiff came to the house of the defendant as his wedded wife.

3. That at the time of Rukhsati the parents and other relatives of the
plaintiff gave her precious dowry articles, gifts and other household
articles, which are at present lying at the house of the defendant.

(Photocopy of list of dowry articles is attached herewith as

annexure P1)

4. That from this wedlock 02 children, namely Syed Zeeyan Ali aged
about 6 years and Syeda Labiba aged about 5 years, were born
who are under the custody of the Defendant.

(Photocopy of birth certificate of minors are annexed here

as annexure P2 and P3)

5. That from the beginning of the marriage the defendant physically

assaults the plaintiff on very petty matters. Plaintiff, to save her
matrimonial life and for the sake of her children, used to bear the
torture with a hope that one day the defendant will mend his ways.

6. That the defendant is a short tempered person; he usually beat

Plaintiff on the instigation of his parent through different manners
i.e. by strangulating, hitting Plaintiff’s head against the wall and
Almirah and physically assault the plaintiff by showing knife and
slander.

7. That the defendant always failed to fulfill all the basic needs of the
Plaintiffs and never provided proper maintenance to the Plaintiffs.

8. That on 08-06-2023 defendant, on a petty matter, severely beat the

Plaintiff. The Plaintiff’s parent come to the plaintiff, the neighbors
told them to take her daughter away otherwise they (in-laws) will kill
her. The Plaintiff’s father took her to his home with wearing
 apparels. The defendant did not let the minor with their mother.
Since then the Plaintiff is residing at her father’s house.

(Picture of torture marks are attached herewith as annexure P4 )

9. That it is pertinent to mention here that one year before the

Defendant had maltreated the Plaintiff and had pronounced two
talaq to the Plaintiff, at that time the defendant did not let the minor
son with the Plaintiff and kicked the Plaintiff out with minor daughter
only. After sometime the Defendant came to the Plaintiff falsely
saying that the Defendant had bought a separate house for Plaintiff
so that no one will hurt the Plaintiff.

10. That the Plaintiff has born all the mistreatment and torture for the
sake of her matrimonial life and children with the hope that one day
the defendant will mend his ways but all her sacrifices went in vain.

11. That due to the Supra act of the defendant, plaintiff above named
had no any other option left except to seek her legal remedy by
invoking the jurisdiction of this Hon’ble Court, for which she is ready
and willing to forgo her dower amount in lieu of Khula.

12. That the cause of action for filing this suit firstly accrued to the
plaintiff when she got married to defendant, secondly when the
defendant used to beat the Plaintiff, thirdly when defendant failed to
maintain the Plaintiffs and lastly on 08-06-2023 when defendant
severely beaten the plaintiff on some petty matter, thereafter from
time to time which is still continue and subsists till filing of this suit.

13. That the plaintiff is residing at the address mentioned in the title of
the plaint within the local limits of Police Station Liaquatabad
Karachi, which falls under the territorial jurisdiction of this
Honorable Court.

14. That the prescribed Court fee has been affixed on the face of plaint.

PRAYER

The plaintiff therefore, prays that this Honorable Court may be

pleased to pass judgment and decree in favor of the plaintiff against
the defendant as under: -
 a) To grant khula to the Plaintiff No.1 as she is ready to forego her
dower amount.

b) To direct the defendant to pay maintenance at the rate of Rs.

10,000/-.per month till iddat period.

c) To direct the defendant to peacefully return the dowry articles.

d) Cost of the suit.

e) Any other relief(s), which this Honorable Court deems fit and
proper under the circumstances of the case.

KARACHI

DATED: / /2023

PLAINTIFF

ADVOCATE FOR THE PLAINTIFF

VERIFICATION

I, Mst. ARIFA BEGUM, D/O DILSHAD KHAN, the plaintiff, Muslim, adult,
resident of Karachi, do hereby state and verify on oath that whatever has
been stated hereinabove is true and correct to the best of my knowledge
and belief.

DEPONENT

The deponent is identified by me.

ADVOCATE
 COMMISSIONER FOR TKING AFFIDAVIT

Documents filed : As Annexure A to

Documents relied upon : All relevant documents

Address of the plaintiffs : As given in the title.

Address of the Advocate

for the plaintiffs : As given in Vakalatnama

IN THE COURT OF FAMILY JUDGE ________

AT KARACHI

Family Suit No. /2023

Mst. ARIFA BEGUM ………………………………………………….

Plaintiffs

VERSUS

SYED SHEHZAD ALI ………………………….....……...………. Defendant

LIST OF WITNESSES

1. Plaintiff She will corroborate the

Contents of the plaint.

2. He / She will support the version

of the Plaint.

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

Karachi:

Dated: - -2023

ADVOCATE FOR THE PLAINTIFF

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM,

D/O DILSHAD KHAN,

Muslim, Adult,

Resident of House No. E-19, Azam Nagar,

Liaquatabad, Karachi …………………………………………… APPLICANT

VERSUS
SYED SHEHZAD ALI

S/O

Muslim, Adult,

Resident of House No. N-317, Block A,

Muhalla Siddiq Goth, Taiser Town,

Karachi ………………………………………………………… RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

Both the minors are currently residing with their father at the above
mentioned address.

APPLICATION U/S 25, 12, 7 R/W SECTION 10 OF

GUARDIAN & WARD ACT 1980 FOR APPOINTMENT
OF GUARDIAN
The Applicant above named most respectfully begs to
submit as under: -

1. T h a t t h e a p p li ca n t i s p e a ce f u l a n d l a w a b id i n g ci t i z e n
o f I sl a m ic R e pu b l i c o f Pa ki st a n a n d b e lo n g s t o a
r e sp e ct a b l e f a m i ly a n d r e sid i n g a t a b o ve m e n t i o n e d
a d d r e ss.
2 . That marriage of the plaintiff No.1 was solemnized with
the Defendant on 16-09-2017 at Karachi, according to
Muslim Family Law against the dower / Haq Mahar of
Rs.25000/= which is still unpaid.
 3. That at the occasions marriage, parents of Plaintiff as
per prevailing customs and tradition, given her dowry
(‫)ﺟﮩﯾز‬articles which along with Rukhsati (‫ )رﺧ ﺻﺗﯽ‬of the
Plaintiff were taken by the defendant to his marital
abode.

4. That after marriage Rukhsati was affected and the

Plaintiff came to the house of the Defendant. The
marriage was duly consummated and out of this wedlock
two children were born namely Syed Zeeyan Ali dated
24.July.2018 and Syed Labiba dated 17-September-
2019.

Photocopy of Birth Certificate is attached

& Marked herewith as Annexure “A”.

5. That although the behavior of Defendant from very

beginning towards the Plaintiff was completely
neglecting and disgraceful as the Defendant never dealt
with the Plaintiff as his newly wedded wife, but the
Plaintiff being an eastern Muslim wedded lady always
treated the Defendant as her second-god (‫ )ﻣﺟﺎزی ﺧدا‬and
always dealt with the defendant in very submissive and
obedient manners, however, all her such sincere efforts
and sacrifices became fruitless due to ill and abusive
behavior of Defendant and his family members.

6. That with the passage of time, the behavior and

treatment of Defendant towards Plaintiff became bad to
worse, as the defendant begun to curse her and raise his
hand on Plaintiff and is used to torture the Plaintiff on
petty domestic matters, for which the applicant has filed
a SUIT FOR DISSOLUTION OF MARRIAGE, RECOVERY
OF DOWRY ARTICLES AND MAINTENANCE.

7. That being real mother, the applicant is not allowed to

educate good manners to minors due to such behavior of
defendant and his family, the minor son had become ill
mannered.

8. T h a t t h e a p p li ca n t i s f u l l y e n t i t l e d f o r g r a n t o f ce r t i f i c a t e
o f g u a r d ia n sh i p i n h e r f a vo r a s t h e a p p li ca n t i s
i n t e r e st e d t o l o ok a f t e r a n d m a in t a in t h e m in o r / wa r d .

9. That no guardian of the person of the minor has been appointed

and no application for such appointment has ever been made
before.

10. That this petition has been made for appointment of the
guardian/custodian of the person of the minor daughter namely
Syeda Labiba.
11. T h a t t h e p a r t i cu la r s r e q u ir e d b y se ct i o n 1 0 o f G u a r d i a n
a n d W a r d Act 1 8 9 0 a s f o l l ow s: -

a. M in o r / wa r d n a m e ly Syeda Labiba D/O Syed Shahzad Ali

a g e d a b o u t 0 5 Ye a r s w h o i s u n d e r t h e cu st o d y o f
r e sp o n d e nt .

b. N o g u a r d ia n o f t h e m in o r / wa r d f o r a n y p u r p o se h a v e
b e e n n o r a n y a p p li ca t i o n f o r su ch a p p o in t m e nt h a s
e ve r b e e n m a d e b e f o r e .

c. T h a t t h e a p p li ca n t h a s b e e n m a d e , b e ca u se i n t h e
a b se n ce o f G U A RD I N AS HI P C ERI T F I CA T E i n h e r
f a vo r , t h e a p p li ca n t ca n n o t m a n a g e t h e w e lf ar e o f t h e
M in o r / wa r d w it h ou t t h e p e r m issi o n o f t h i s H o n’ b l e
C o ur t .
12. That now the Applicant desires to get the legal Guardianship of the
minor/ward so in future the Applicant face no any hardship by the
hand of the any one.

13. T h a t t h e a p p li ca n t d e sir e s f o r t h e b e t t e r w e lf ar e o f t h e
sa i d m in o r / w a rd t h r o u g h t h e p r o p o se d G u a r d i a n w h o
w il l d o a l l t h e t h i n g s a n d m a t t er s, b e in g l a wf ul
G u a r d i a n sh e w il l e xe r cise h e r r ig h t / p o we r t o l o ok
a f t e r, w it h f u l l a t t e n t i on a n d ca r e f o r t h e b e t t e rm e n t &
w e lf ar e o f t h e sa i d M in o r / wa r d a n d sh e w il l a l so d o a n d
m a n a g e a l l n e ce ssit ie s i n r e sp e ct o f t h e a n y
d o cu m e n t s, p r o p e r t y o r a n yt h i n g w h at so e ve r i n n a t u r e
i n t h e i n t e r e st o f t h e m in o r / w a r d .
14. T h a t t h e cu st o d y o f m in o r / w a r d i s t o t h e r e sp o n d e nt a t
Ka r a ch i , Pa ki st a n a n d t h e a p p li ca n t r e q u ir e s t h e
G u a r d i a n sh ip C e rt if ica t e f o r d o in g a l l t h e n e ce ssit ie s ,
w e lf ar e , f o r p r e p a r at io n o f d o cu m e n t s o r a n y o t h e r
t h i n g w h ich a r e b e t t e r f o r t h e w e lf ar e o f t h e m in o r /
w a rd w h at so e ve r i n n a t u r e o f t h e m in o r / w a rd .

15. That under the above circumstances the Applicant has no other
option except to knock the door of this Hon’ble Court and filed the
above titled application.

16. That the minor /ward is residing with the Respondent in the
jurisdiction of P.S. _______________, which comes within the
territorial jurisdiction of this Hon’ble Court.
17. That the prescribed court fee is affixed as per law.

PRAYER
It is, therefore, prayed that this Honourable Court may be
pleased to pass Judgment and Decree in favour of the Applicant as
under : -
 a. To appoint the Applicant above named as guardian of the minor /
ward mentioned supra of the Application further m a y g r a cio u s l y
b e p l ea se d t o i ssu e G u a r d i a n sh ip C e rt if ica t e o f t h e
m in o r / wa r d n a m e ly Syeda Labiba D/O Syed Shahzad Ali aged
about 05 years i n f a vo r o f t h e a p p li ca n t , a s sh e i s l a wf ul
g u a r d ia n o f t h e m in o r / w a r d .

b. To restraint the respondent to remove the minor from the custody of

this Honorable court.

c. To grant interim meeting with minors.

d. To pass an order to grant interim custody of both the minors to the

applicant till final disposal of the suit.

e. Any other suitable relief which this Hon’ble Court may deem fit and
proper under the circumstances as mentioned above.

Karachi:

Dated:

APPLICANT

ADVOCATE FOR THE APPLICANT

VERIFICATION
I, Mst. ARIFA BEGUM, D/O DILSHAD KHAN, Muslim, adult, resident
of Karachi, Plaintiff, do hereby verify and state on Oath that
whatever stated in above paras is true and correct to the best
of my knowledge and belief.

DEPONENT
Identified by me

ADVOCATE

Sworn before me by the deponent above named on this day of

___________ at Karachi.

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
Family Suit No.______/2023

Mst. ARIFA BEGUM ………………………………………… APPLICANT

VERSUS

SYED SHEHZAD ALI ………………………………………. RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

DECLARATION U/S 10(3) OF THE

GUARDIAN AND WARD ACT 1890
I, Mst. Arifa Begum Daughter of Dilshad Khan, Muslim, Adult, R/o House
No. E-19, Azam Nagar, Liaquatabad, Karachi, do hereby declare and
affirm on oath as under : -

1). That I am the Applicant in the above matter, as such am fully

conversant with the facts of the case.

2). That I declare that neither I applied for the Guardian Certificate to
any other Court of Law nor I filed any other Guardian and Wards
Petition in this regard prior to filing of this present application.

3). That I say that I hereby declare that I am willing, prepare and
capable in all respects to be appointed the Guardian of the
minor/ward namely Syeda Labiba D/o Syed Shahzad Ali.

4). That I have much love and affection for the minor / ward and the
welfare of the minor / ward lie with me also for the sake of the
betterment of the minor / ward I may be appointed as legal
Guardian of the minor/ward namely Syeda Labiba D/o Syed
Shahzad Ali

5). That for the sake of brevity the contents of main application may
be read as part and parcel of this declaration.

6). That whatever has been stated above is true and correct to the best
of my knowledge and belief.

Karachi.

Dated

DEPONENT

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM …………………………………………… APPLICANT

VERSUS
SYED SHEHZAD ALI …………………………………………
RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

LIST OF WITNESSES
1. Applicant-------------------------------------Applicant herself

2.

Karachi:
Dated

ADVOCATE FOR APPLICANT

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM ……..…………………………………… APPLICANT

VERSUS

SYED SHEHZAD ALI ……………………………………… RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

AFFIDAVIT OF THE APPLICANT

I, Mst. Arifa Begum D/o Dilshad Khan, Muslim, Adult, R/o, House No. E-
19, Azam Nagar, Liaquatabad, Karachi, do hereby declare and affirm on
oath as under : -

1. That I am applicant in the above titled case and deponent of this

affidavit as such am fully conversant with the facts stated herein.

2. That the accompanying application U/S 25, 12, 7 and 10 of G & W

Act 1890, has been drafted and filed under my specific instructions
and the contents whereof are true and may be treated as part and
parcel of this affidavit for the sake of brevity.

3. T h a t I sa y t h a t I a l wa ys g a ve l o ve a n d a f f e ct i o n t o t h e
m in o r / w a rd a n d p r o vid i n g h e r a l l n e ce ssit ie s o f l if e ,
l ike e d u ca t i o n , f o o d , cl o t h e s e t c.

4. T h a t I sa y t h a t I a m h a ve n o a d ve r se i n t e r e st a g a in s t
t h e m in o r / w a rd a n d a f t e r a d o p t i o n o f t h e m in o r / w a rd
I a m so l e l a wf ul g u a r d ia n .

5. That I say that welfare, well-being of the m in o r / wa r d lies in my

favour as being real mother of minor.

6. That I say that until and unless the accompanying application for
issuance of Guardian Ward Certificate is allowed, I as well as
m in o r / wa r d shall seriously be prejudiced and suffers irreparable
losses.

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

knowledge and belief.

Karachi:

Dated:
DEPONENT

COMMISSIONER FOR TAKING AFFIDAVIT

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM ……….…………………………………… APPLICANT

VERSUS

SYED SHEHZAD ALI ……………………….……………… RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

Both the minors are currently residing with their father at the above
mentioned address.

AFFIDAVIT OF THE WITNESS NO.1

I, _________________________ S/o ___________________ ,
Muslim, Adult, holding CNIC No.________________, R/o Karachi do
hereby state on oath as under:-

1. That I am the deponent of this affidavit as well as one of the

witness, as such am fully conversant with the facts stated herein.

2. That I say that I well known about all the facts and circumstances
since from beginning.

3. T h a t I sa y t h a t t h e a p p li ca n t a l wa ys g a ve l o ve a n d
a f f e ct i o n t o Syeda Labiba D/o Syed Shahzad Ali a n d
p r o vid i n g h i m a l l n e ce ssit ie s o f l if e , l ike e d u ca t i o n ,
f o o d , cl o t h e s e t c.

4. That I say that welfare and wellbeing of Syeda Labiba D/o Syed
Shahzad Ali lies in favor of the applicant as being real mother of
minor.

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

knowledge and belief.

Karachi:

Dated:

DEPONENT

COMMISSIONER FOR TAKING AFFIDAVITS

IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM ……..…………………………………… APPLICANT

VERSUS
SYED SHEHZAD ALI …..…………………………………… RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

AFFIDAVIT OF THE WITNESS NO.2

I, _________________________ S/o ___________________ ,
Muslim, Adult, holding CNIC No.________________, R/o Karachi do
hereby state on oath as under:-

1. That I am the deponent of this affidavit as well as one of the

witness, as such am fully conversant with the facts stated herein.

2. That I say that I well known about all the facts and circumstances
since from beginning.

3. T h a t I sa y t h a t t h e a p p li ca n t a l wa ys g a ve l o ve a n d
a f f e ct i o n t o Syeda Labiba D/o Syed Shahzad Ali a n d
p r o vid i n g h i m a l l n e ce ssit ie s o f l if e , l ike e d u ca t i o n ,
f o o d , cl o t h e s e t c.

4. That I say that welfare and wellbeing of Syeda Labiba D/o Syed
Shahzad Ali lies in favor of the applicant as being real mother of
minor.

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

knowledge and belief.

Karachi:

Dated:

DEPONENT

COMMISSIONER FOR TAKING AFFIDAVITS

 IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM ……..…………………………………… APPLICANT

VERSUS
SYED SHEHZAD ALI …..…………………………………… RESPONDENT

Minors/Wards

1. Syed Zeeyan Ali

2. Syeda Labiba

AFFIDAVIT
I, Arifa bagum D/o, Dilshad Khan Muslim, adult, R/o
Karachi, do hereby state on oath here as under :

1. That I am the deponent of this affidavit as well as plaintiff in the

above title suit as such fully conversant with the facts of the case.

2. That I say my Counsel has filed accompanying Plaint of my Suit for

SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULA,
RECOVERY OF DOWRY ARTICLES, AND MAINTENANCE.

3. That I say that my Nikahnama and other documents are in the

possession of defendant above named, who with his malafide
intention and ulterior motives, is not ready to give me, therefore, I
am unable to produce the same before this Honourable court.

4. That I say that the contents of plaint of my suit are true, hence, my
suit may kindly be admitted and registered, by granting me
exemption from filing of copy of my Nikahnama.

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

knowledge and belief.

Karachi.

Dated:

DEPONENT
 IN THE COURT OF ______ FAMILY JUDGE _______
AT KARACHI
G & W APPLICATION No.______/2023

Mst. ARIFA BEGUM ……..…………………………………… APPLICANT

VERSUS
SYED SHEHZAD ALI …..…………………………………… RESPONDENT

Minors/Wards

3. Syed Zeeyan Ali

4. Syeda Labiba

AFFIDAVIT
I, Arifa bagum D/o, Dilshad Khan Muslim, adult, R/o
Karachi, do hereby state on oath here as under :

6. That I am the deponent of this affidavit as well as plaintiff in the

above title suit as such fully conversant with the facts of the case.

7. That I say my Counsel has filed accompanying Plaint of my Suit for

APPLICATION U/S 25, 12, 7 R/W SECTION 10 OF GUARDIAN &
WARD ACT 1980 FOR APPOINTMENT OF GUARDIAN.

8. That I say that my Nikahnama and other documents are in the

possession of defendant above named, who with his malafide
intention and ulterior motives, is not ready to give me, therefore, I
am unable to produce the same before this Honourable court.

9. That I say that the contents of plaint of my suit are true, hence, my
suit may kindly be admitted and registered, by granting me
exemption from filing of copy of my Nikahnama.

10. That whatever stated above is true and correct to the best of my
knowledge and belief.

Karachi.

Dated:

DEPONENT