IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR

(Before Miss Salma Bano Phulpoto)

Family Suit No.35/2012
Mst. Mithul D/o Kamal Domki
W/o Hasil Bughti, R/o Ali Abad near
Bachal Shah Miani U.C No.18, Taluka
New Sukkur District Sukkur ---------------------------------------Plaintiff
Versus
Hasil son of Mir Hazar Bughti
R/o UC R/o Ali Abad near
Bachal Shah Miani U.C No.18, Taluka
New Sukkur District Sukkur -------------------------------------Defendant
Mr. Hamzo Buriro advocate for the plaintiff
None for the defendant

JUDGMENT
29-05-2012

The plaintiff named above has filed the present suit

for dissolution of marriage by way of Khulla, against the
defendant named above, through her counsel.
The brief facts of the plaintiffs suit as disclosed in
the memo of plaint are that the marriage of plaintiff was
solemnized as per Shariat-e-Muhammadi, the Nikah was
performed verbally at above mentioned address about 8 years
back with defendant, and the Rukhsati was taken place. The Haq
Mahar was fixed as Rs.500/- same was not defendant till today,
at the time of marriage the parents of plaintiff gave dowry
articles half tola golden ornaments and 20 pairs cloths and other
household articles, after marriage same were shifted in the house
of defendant still they all articles and house hold things are
lying at the house of defendant. After marriage the defendant
remained cordial with plaintiff, after 2/3 years of the marriage
the defendant mixed in bed company and started drinking and
use to come in the house odd hours of night in drinking position
and use to beat the plaintiff. The plaintiff made complaints to
the parents of defendant against the said conducted of the
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defendant but no fruitful purpose served and the defendant

started used to remain absent from the house for the nights.
About 2 years back at night time defendant came at the house in
drinking condition and gave severe beating to the plaintiff and
driven out to plaintiff from his house in simple three clothes and
started living with her parents. The plaintiff has very much
hatred against the defendant and not in position to live as
spouses within limits of prescribed as per Shariat-e-Muhammadi
and defendant above named has made the life of the plaintiff
miserable therefore the plaintiff could not led the life with the
defendant above named within the limits of Al-Mighty Allah
hence the plaintiff has filed the suit before this court, as stated
above and prayed for judgment and decree as under:-
PRAYE R
(a) To pass judgment and decree in favour of plaintiff
and dissolve the marriage on the ground of Khulla.
(b) To grant any other relief, which this Honourable
court deems fit and proper.

(c) To award the costs of the plaint.

On receiving the plaint, this court repeatedly issued

notices (summonses) to the defendant. The defendant was served
with the notice (summons) through publication in newspaper
Kawash dated 04-05-2012 but the defendant in spite of the
publication in the news paper, did not come forward to contest the suit,
hence the conduct of the defendant suggested that the defendant had no
interest in the plaintiff or the proceedings of the present, suit, hence the
defendant was made exparte such order was passed by this court on order
sheet dated 21-05-2012 and the plaintiff was directed to adduce evidence in
the absence of the defendant.
The plaintiff to prove her suit filed her affidavit in
the absence of the defendant at Ex No-05 to 07.
On 28-05-2012 the suit was fixed for cross-
examination of the plaintiff but the defendant did not appear
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before this court or to cross examine the plaintiff or her

witnesses. Consequently learned counsel for the plaintiff closed
the side of the plaintiff at Ex No.7.
The plaintiff in her evidence has fully supported her
version regarding non-maintenance, hatred ness and cruelty
by the defendant and stated that due to cruelty of the defendant,
she developed hatred against the defendant in her mind (heart)
therefore she is not ready to live with the defendant as his wife,
within the limits prescribed by ALLAH ALMIGHTY and wants
to dissolve her marriage by way of Khulla.
On the other hand the defendant chosen to remain
absent from this court and did not contest the suit. The conduct
of the defendant reflects that he lost the interest in the plaintiff
and suit hence the version of the plaintiff has not been
challenged by the defendant.
In view of the above circumstances and evidence
available on the record, I have come to the conclusion that the
plaintiff has developed hatred against the defendant therefore
she is not ready to live with the defendant as his wife, within the
limits prescribed by ALLAH ALMIGHTY and wants to get her
marriage dissolved by way of Khulla.
Since the defendant left the plaintiff vulnerable in
this male dominating society, has not been challenged by the
defendant. Consequently, the suit of the plaintiff in respect of
dissolution of her marriage with the defendant is hereby decreed.
The marriage {Nikah} of the plaintiff with the defendant named
above is hereby dissolved subject to withdrawal of Haq Mahar.
However, the decree would be effective after expiry of (90)
days. Let such decree be prepared and the same may be sent to
the concerned union counsel/chairman for the confirmation of
the decree.
Announced in the open court
Given under my hand & Seal of this court
This the 29tth day of May 2012
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Sd/-29-05-2012
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur

DECREE
IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR
(Before Miss Salma Bano Phulpoto)
Family Suit No.35/2012

Mst. Mithul D/o Kamal Domki

W/o Hasil Bughti, R/o Ali Abad near
Bachal Shah Miani U.C No.18, Taluka
New Sukkur District Sukkur ---------------------------------------Plaintiff
Versus
Hasil son of Mir Hazar Bughti
R/o UC R/o Ali Abad near
Bachal Shah Miani U.C No.18, Taluka
New Sukkur District Sukkur -------------------------------------Defendant

SUIT FOR DISSOLUTION OF MARRIAGE

BY WAY OF KHULA

The plaintiff has prayed for judgment and decree as

under:-
a) To pass judgment and decree in favour of plaintiff and
dissolve the marriage on the ground of Khulla.

b) To grant any other relief, which this Honourable court

deems fit and proper.

c) To award the costs of the plaint.

This suit came-up for final hearing on 29-05-2012 in

presence of plaintiff Mst. Mithul her counsel Mr. Hamzo Burero,
advocate and in the absence of defendant Hasul before Miss
Salma Bano Phulpoto, Civil Judge and Family Judge, Sukkur.
It is ordered that the suit of the plaintiff in respect of dissolution
of her marriage with the defendant is hereby decreed. The
marriage {Nikah} of the plaintiff with the defendant is hereby
dissolved subject to withdrawal of Haq Mahar. However, the
decree would be effective after expiry of (90) days
Announced in open court,
Given under my hand & seal of this court,
This the 29 t h day of May 2012
Sd/-29-05-2012
(Miss Salma Bano Phulpoto)
Civil Judge & Family Judge, Sukkur

Prepared by:-
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Sd/-29-05-2012
(Abdul Rauf Mangi)
READER,
Civil Judge & Family Judge, Sukkur