IN THE COURT OF NAVEED IQBAL TARAR

CIVIL JUDGE CLASS III RAWALPINDI.

Nayyab Sajjid ----- ---- vs------------ Muhammad Akmal

Family Suit No 40/2015

Date of institution 01.07.2015
Date of Decision 20.10.2015

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULA.

EX-PARTE JUDGMENT;

As per plaint, plaintiff was married to the defendant on

11.05.2010 in accordance with Muslims Rites and ceremonies in lieu of dower
while an amount of Rs. 1000/- was paid. Initially the relationship between spouses
was quite reasonable, however, with the passage of time behavior of the defendant
turned harsh and he used to save her matrimonial life but all in vain. On
21.04.2011,the defendant after beating ousted the plaintiff in three wearing clothes
and in since then she took shelter into the house of her parents .The defendant has
filed to maintain the plaintiff .The plaintiff has developed extreme hated against
the defendant and she prefers death over joining the defendant as his wife. The
plaintiff asked the defendant to divorce her but he refused, hence, instant suit.
2 The defendant was summoned, through proclamation in the
Newspaper but none appeared on behalf of defendant hence he was proceeded
against ex-parte on 21.04.2011.
3. In ex-parte evidence, herself and her brother appeared and got
recorded their statements. In documentary evidence Nikhah Nama EX-1 was
produced by the plaintiff.
4 Ex-parte arguments heard. Record perused.
5. The perusal of record reveals that the plaintiff appeared before the
court and got recorded her statement in which she stated that she developed hatred
against the defendant and she prefers death to join the defendant as his wife. The
plaintiff intends to seek khula .pw2 her brother also corroborated her version .
Legally a Muslims wife cannot be forced to live in a hateful union with husband.
In these circumstances, instant suit filed by the plaintiff for dissolution of marriage
is hereby ex-parte decreed on the basis of Khula subject to the return of dower
amount as per law. Decree sheet be prepare. Copy of decree sheet be sent to the
concerned Union council through registered post at the expense of the plaintiff for
further proceedings prescribed under the law. Ahlam is directed to incorporate
necessary entries in the relevant register regarding sending the judgment and
decree to the concerned Union counsel. File be concerned to record room after his
due its completion and compilation .
Announced
20.10.2015
Naveed Iqbal Tarar
Judge Family court
Rawalpindi
Certificate that this judgment consists of 02 pages, each pages has been dictated,
read ,corrected and singed by me.

Judge Family Court

Rawalpindi