IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR

(Before Miss Salma Bano Phulpoto)

Family Suit No. /2011

Assadullah son of Altaf Hussain,

Muslim, adult, by caste Shaikh
Resident of Royal Road Sukkur------------------Plaintiff

Versus
Mst. Hina d/o Aijaz Ahmed,
Muslim, adult, by caste Shaikh,
Resident of Railways Colony Rohri------------Defendant

Mr. Abdul Sattar Brohi, advocate for plaintiff

Mr. Shafqat Raheem, advocate for defendant

JUDGMENT
Dt:
The plaintiff named above has filed the above suit
for restitution of conjugal rights against the defendant named
above through his counsel Mr. Abdul Sattar Brohi, advocate.
The brief facts of the plaintiffs suit are that on 06-
05-2011 the plaintiff named above contracted marriage with
the defendant, in accordance with Shariat-e-Muhammadi. The
Haq Mahar was fixed to be Rs.50,000/- and its mood of
payment was settled to be paid on demand . The Rukhsati of
the defendant took place to the house of the plaintiff and the
couple lived together very happy life. The parents of the
defendant instigated the defendant to bring money from the
house of her husband and so many times the plaintiff paid
huge amount to the parents of the defendant through plaintiff.
The parents of defendant are greedy people and always
instigated her to create un-necessary problems and this
incident was taken place at the instigation and connivances of
the parents of the defendant who wanted to disturb the
matrimonial life of the plaintiff. About two months ago it was at
02-00 pm time the plaintiff was not present but the female
family members of plaintiff were present in the house. The
parents of the defendant came at the house of plaintiff and
instigated the defendant to go with them and taken away
valuable articles viz. five Tolas of gold ornaments in shape of
two ear rings, two Jhumaks, two Kangans, one chain set and
two finger rings (2) 12 pairs of ladies clothes. The cost of one
suit is Rs.1500/- each (3) pairs of gents clothes, the cost of
one suit is Rs.1000/- each and cash Rs.85,000/- from the
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house without the permission of the plaintiff. The parents of

the plaintiff along with nekmards of locality met with the
parents of the defendant and narrated the facts but they
refused in spite of that plaintiff and his parents and so also
nekmards of locality tried their level best to re-concise the
matter but the defendant party did not give response
positively. Having no alternate remedy, the plaintiff has filed
the present suit and prayed for judgment and decree as
under:-
P R AY E R
a) To direct the defendant to return back and to
reside with the plaintiff as obedient wife and to
perform conjugal rights according to injunction
of Islam
b) To grant any other equitable relief, which this
court deems fit and proper under the
circumstances of the case may also be awarded
to the plaintiff
c) To award the costs of the suit.
On receiving the suit, this court repeatedly issued
summons to the defendant and the defendant in response to
the summons appeared before this court with her counsel
Mr.Shafqat Raheem advocate and filed written statement. The
defendant denied entire allegations and the claim of plaintiff
and at Para No.17 and prayer clause (e) has prayed counter
claim for dissolution of marriage, at prayer clause (f), she
prayed for recovery of maintenance at the rate of Rs.5000/-
per month from July 2011 till the dissolution of marriage.
On ___________the pre-trial proceedings between
couple were held but the same were declared failed.
From the pleadings of the parties, this court settled
the following issues.

ISSUES
1. Whether the suit of plaintiff is maintainable under the law?
2. Whether the defendant paid Dower (Haq Mahar) to the plaintiff?
3. Whether the defendant maintained the plaintiff as such he is
entitled for restitution of conjugal rights?
4. Whether the plaintiff contravened any provision of Section 2 of
the Dissolution of Muslim Marriage Act 1939?
5. Whether the plaintiff is entitled for her own maintenance as
claimed?
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6. What should the decree be?

The plaintiff to prove his suit examined himself at
Ex No-___. The plaintiff examined his witness Altaf Hussain at
Ex No.___. Learned counsel for the defendant cross examined
the plaintiff and her witness and thereafter learned counsel for
the plaintiff closed the side of plaintiffs evidence vide
statement at Ex No._______
The defendant to prove her claim examined herself
at Ex.No-_____. The defendant examined her witness Iftikhar
Ahmed at Ex No._____. Learned counsel for the plaintiff cross
examined the defendant and her witness and thereafter
learned counsel for the defendant closed the side of
defendants evidence vide statement at Ex No.______
I have heard learned counsel for the plaintiff,
learned counsel for the defendant perused the entire evidence
available on the record carefully and consciously.
My findings on the above issues with reasons are
as under:-
F I N D I N G S
Issue.No.1 --------------------- in affirmative.
Issue.No.2 ----------------------in negative
Issue.No.3 ----------------------in negative
Issue.No.4 ---------------------- in affirmative.
Issue.No.5 --------------------- in affirmative.
Issue.No.6 ---------------------
R E A S O N S.
Issue No-1
The plaintiff in his evidence has deposed that he resides in
Sukkur with in the territorial jurisdiction of this Court. No adverse evidence
has been brought on record which may prove that the plaintiff does not
reside within the jurisdiction of this court. The suit is properly stamped
and within the ambit of section 7 of the Family Courts Act 1964. The plaint
shows the cause of action, hence this issue is replied in affirmative. The
suit of the plaintiff is maintainable under the law.
Issue No-2
This issue relates to the payment of Haq Mahar by the
plaintiff. The plaintiff in his evidence has deposed at Para No.2 of the
affidavit in evidence that Haq Mahar was fixed Rs.50, 000/- on demand
and the same were paid by him to the defendant on the first night of
marriage. The plaintiff himself states that the Haq Mahar was fixed to be
paid on demand and how it is possible that he paid the same on the first
night. More over as to why he did not pay the same in presence of the
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witnesses of Nikah and Nikah Khuwan, as evident from the Nikahnama.

The Nikahnama shows that the mood of payment of Haq Mahar to be paid
on demand.
In view of the above circumstances, I am of the humble
opinion that the plaintiff did not pay Haq Mahar to the plaintiff and this
issue is replied in negative.
Issue No-3
This issue relates to the maintenance and the burden of
proof lies on the shoulders of the plaintiff. The plaintiff and his witnesses
have not deposed in their evidence that the plaintiff ever paid
maintenance to the defendant nor any amount has been disclosed that
the plaintiff ever paid any amount to the defendant for the purpose of
maintenance. Consequently this issue is replied in negative.
Issue No-4
The plaintiff and his witnesses have not deposed in their
evidence that the plaintiff ever paid maintenance to the defendant nor any
amount has been disclosed that the plaintiff ever paid any amount to the
defendant for the purpose of maintenance, on the other hand the
defendant in her evidence has deposed that the plaintiff did not pay
maintenance to her and she created hatred against the plaintiff as such
she can not live with the plaintiff as wife, consequently this issue is replied
in positive that the plaintiff has failed to maintain the defendant thus this
issue is replied in affirmative.
Issue No-5
In view of the findings discussed in issue number 3 it has
already been opined that the plaintiff has failed to pay maintenance to the
defendant, for which he is duty bound to provide maintenance to his wife,
consequently this issue is replied in affirmative.
Issue No-6
This issue relates to the final adjudication and in view of the
above facts, circumstances of the present suit and evidence discussed
herein issue No.1 to 5 this court has reached at the conclusion that the
plaintiff has failed to prove his case hence his suit is hereby dismissed
with no order. However the defendant has successfully proved her suit in
respect of non maintenance which is sufficient ground to grant Khulla
consequently the suit of the defendant is hereby decreed. The marriage
Nikah of the defendant Mst. Hina with the Plaintiff Assadullah is hereby
dissolved, subject to withdrawal of Haq Mahar. However, the decree
would be effective after expiry of 90 days.
So far as the claim of the defendant in respect of her
maintenance is concerned, in the light of the above issues the defendant
is entitled to receive her maintenance. The plaintiff is directed to pay
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maintenance to the plaintiff at the rate of Rs.3000/- per month from the
filling of suit, till the completion of iddat period. Let such decree be
prepared and the copy of the same be sent to the chairman
concerned for its confirmation.
Announced in the open court
Given under my hand & Seal of this Court
This ___day of ____________20

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge,
Sukkur