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Document Code: 8A326BB1750F62AA2B7ECFD2C6B0EDC5

IN THE COURT OF CIVIL/FAMILY JUDGE II HALA

Family Suit No. 66 Of 2022
Mst. Ayesha D/o Qurban, W/o Raja,
B/c Machi, Muslim Adult,
R/o. Jarar Colony, Bhitshah,
Taluka Hala & District Matiari……………………….....Plaintiff
VERSUS
Raja S/o Habib
B/c Machi, Muslim Adult
R/o Muhallah railway station,
Taluka Hala & District Matiari……………………….. Defendant
Cell No:0308-2079581
Mr. Imran Zaib, Advocate for the plaintiff.
Nemo for the defendant
J U D G E M E NT
By this judgment, I dispose of the suit in hand filed by the plaintiff for the
dissolution of marriage by way of khulla & recovery of dowry articles against the defendant.
The facts of the case in the nut shell are That, plaintiff above-named married to the defendant
through verbal Nikah in June-2020 in the dower amount of 1000/=(One thousand rupess) same
was still not paid by the Defendant despite repeated demands. That, after Rukhsati took place at
same day the plaintiff's parents presented valuable and expensive dowry articles to the plaintiff
facilitate lying at defendant's home above mentioned. (Dowry articles list attached with plaint.
That, out of said wed lock no any issue has been born. That, after marriage defendant
misbehavior with the plaintiff and time to time use abuse language plaintiff and several times
issue threats of Dire consequences. From the first day of the Nikah the overall behavior of the
defendant with the plaintiff was harsh, insulting maltreating and threatening on petty domestic
matters. That, not only that the defendant ill-tempered man, the behavior of defendant with the
plaintiff was also unjust and unfair and he treated the plaintiff as cattle. Plaintiff is also in habit of
using abusive language and at number of times beat the plaintiff at house physically and lastly on
dated 01-05-2022 defendant after beating without any reason able cause and defendant drove
out plaintiff from the house. That, since 01-05 2022, the defendant has been failed to look after
the plaintiff and completely neglected to maintain. During this period, the defendant did not
bother to come and reconcile the matter. Even the plaintiff and her parents took efforts to settle
the matter but no response was given by the defendant and his parents. That, under the said
circumstances, the plaintiff has no other option but to approach this Honorable Court to redress
her grievances and to file the suit for dissolution of marriage, by way of khula & return of dowry
as per law. Hence the cause of action has been accrued to the articles) plaintiff against the
defendant, which is continuing day to day till the filling of the present suit. That, the required
court fee is a fixed on the plaint. That, the plaintiff is residing within the jurisdiction of P.S.
Bhitshah, which is within the territorial jurisdiction of this Hon'able Court.
PRAYER
The plaintiff, therefore, prays that this Honorable Court may be pleased to pass the judgment and
decree as under: -
a) To dissolve the marriage of the plaintiff with the defendant by way of Khula as it is not
possible for the plaintiff to live with the defendant as his wife within the limits
prescribed by Al-Mighty ALLAH due to his cruel behavior. I have ready to forgo my Haq
Mehar.
b) To direct the defendant to handover the all the dowry articles' of the plaintiff to her or
alternative to pay the amount to the Plaintiff. (Such Dowry Articles' Are Mentioned In
List).
c) Any other/ further relief this Honorable Court deems fit and proper under the
circumstance of the case.
After admission of suit, notices were issued to the defendant but he failed to appear inspite of
summon not received by the defendant’s sister Benazir as per bailiff report dated 30-09-2022,
Lastly the summon was published in daily Ibrat dated 20-10-2022 and the service was good held
upon the defendant on 22-10-2022, thereafter matter was adjourn for filing of written statement.
That on 22-11-2022 the defendant fails to file written statement and was debarred to file his
written statement and the matter was adjourn for filing of ex-parte proof. That on 29-11-2022
the plaintiff filed her ex-parte proof through her counsel and was examined, who had supported
the contents of the plaint and her ex-parte affidavit.
I have heard the learned counsel for the plaintiff along with case laws in support of his arguments
and perused the material available on record.
In her affidavit in exparte proof, she has supported the contents of her case on material points.
Admittedly there is nothing in rebuttal of account of the events. But is does not mean that the
Court in such circumstances be decreed the suit as prayed for the vary reason that this is the suit
of plaintiff and she had prove her case on its own footing and not on the weakness of opposite
side. It is pertinent to mention here that the plaintiff seeking dissolution of marriage by way of
khulla and recovery of dowry articles as per her list annexed with the plaint. It is universal truth
that the parents of bride gave their daughter dowry articles as per their customs according to
their status at her marriage. Likewise in the present case the plaintiff may be was also given
dowry articles by her parents at the time of marriage and produces list of dowry articles. The case
of Mst. Shakeela Bibi Vs. Muhammad Israr & others (2012 MLD 756 Islamabad) cited by the
plaintiff counsel is very much attracted in the present case wherein it is held that even solitary
statement of wife is sufficient to prove her claim of dowry articles as in the present society it is
impossible for the wife/ bride to keep the record of purchase receipts, prepare list of dowry
articles and obtain signature from the husband side. Thus the plaintiff is entitled for the recovery
of her dowry articles as per her list and in case of default for handing over the dowry articles, the
defendant is directed to pay Rs.20,000/- being the decreased value of the dowry articles.
Consequently; the suit is decreed exparte in plaintiff’s favor. Thus the marriage b/w the plaintiff
and the defendant is dissolved by way of khulla. Further the defendant is directed to return the
dowry articles to the plaintiff as per her list annexed with the plaint or in case of default for
handing over the dowry articles to pay Rs. 20000/- to the plaintiff being the decreased value of
the dowry articles as being used during the plaintiff stay with the defendant.
The suit of the plaintiff is decreed ex-parte with no order as to cost. Let a decree be prepared and
sent to the concerned authorities for information and within three days of passing of decree a
certified copy of the decree shall be sent to the defendant through bailiff, by registered post,
acknowledgement due or through courier service on the cost of the plaintiff as required u/s 9(7)
of the Amendment of section 9 of West Pakistan Family Court Act 1964 (Amendment Ordinance
2002).
Announced in open court.
Given under my hand and the seal of the court
This 29th-------- day of------November------- 2022

(Shahnawaz Jamari)
Civil Judge and Judicial Magistrate-II,Hala
 HOW TO VERIFY THIS DOCUMENT
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Document Code: 69B403AB14E06896C093E5EF92E8B154

IN THE COURT OF CIVIL/FAMILY JUDGE II HALA

Family Suit No. 66 Of 2022
Mst. Ayesha D/o Qurban, W/o Raja,
B/c Machi, Muslim Adult,
R/o. Jarar Colony, Bhitshah,
Taluka Hala & District Matiari ……………………….....Plaintiff
VERSUS
Raja S/o Habib
B/c Machi, Muslim Adult
R/o Muhallah railway station,
Taluka Hala & District Matiari ……………………….. Defendant
Cell No:0308-2079581
Mr. Imran Zaib, Advocate for the plaintiff.
Nemo for the defendant
DECREE
SUIT FOR DISSOLUTION OF MARRIAGE BY WAY OF KHULLA & RECOVERY OF DOWRY ARTICLES

Plaint presented on 16-08-2022

Prayer of the plaintiff is as under:-
PRAYER
The plaintiff, therefore, prays that this Honorable Court may be pleased to pass the judgment and
decree as under: -
a) To dissolve the marriage of the plaintiff with the defendant by way of Khula as it is
not possible for the plaintiff to live with the defendant as his wife within the limits
prescribed by Al-Mighty ALLAH due to his cruel behavior. I have ready to forgo my
Haq Mehar.
b) To direct the defendant to handover the all the dowry articles' of the plaintiff to her
or alternative to pay the amount to the Plaintiff. (Such Dowry Articles' Are
Mentioned In List).
c) Any other/ further relief this Honorable Court deems fit and proper under the
circumstance of the case.
This suit is come up for final disposal on this 29 th day of November, 2022
before Mr.Shahnawaz Jamari IIND Civil Family Judge & Judicial Magistrate Hala in the
presence plaintiff with her counsel. It is ordered that the plaintiff is finally decreed as under:-
The plaintiff and the defendant is dissolved by way of khulla. Further the defendant is
directed to return the dowry articles to the plaintiff as per her list annexed with the plaint or in
case of default for handing over the dowry articles to pay Rs. 20000/- to the plaintiff being the
decreased value of the dowry articles as being used during the plaintiff stay with the defendant.
The suit of the plaintiff is decreed ex-parte with no order as to cost.

Announced in open court, given under my hand & Stamp; Seal of the Court, this
th
29 day of November, 2022.

(SHAHNAWAZ JAMARI)
IIND-CIVIL FAMILY JUDGE & J.M HALA
READER
IIND- CIVIL FAMILY JUDGE & J.M. HALA
CLERK
IIND- CIVIL FAMILY JUDGE & J.M. HALA