Republic of the Philippines

ND
2 SHARI‟A CIRCUIT COURT
Fourth Shari‟a Judicial District
Marawi City

NORLAILAH A. MOHAMMAD-SOAIB, Civil Case No. 2023-001

Petitioner,
FOR: Divorce by Faskh.

-vs-

BINMALIK A. SOAIB
Respondent.
x------------------------x

PETITION

PETITIONER, assisted by the undersigned counsel, unto this Honorable Court,

most respectfully avers that:

1. Petitioner is a Filipino-Muslim, of legal age, married, and resident of Brgy. Bangon,

Marawi City, where she can be served with orders and other legal processes of this
Honorable Court;

2. Respondent is likewise of legal age, Filipino-Muslim, married, and a resident of

Matampay Road, Marawi City, where he can be served summons, order and other legal
processes of this Honorable Court;

3. That the parties were married in accordance with Muslim rites on May 16, 2017, at
Ayala Resort Hotel, MSU, Marawi City, the wedding having been solemnized by a
certain Aleem, Aleem Esmail P. Panimbang, their marriage contract was belatedly
registered at the 2nd Shari‟ah Court of Marawi City on July 2, 2017, under Registry No.
2022-143: copy of the Certificate of Marriage is hereto attached, and marked as Annex
“A”, to form part of this petition;

4. The spouses were blessed with three (3) children, namely Norzainah Pandapatan
Soaib, born on March 20, 2018, Maleeka Jannah Pandapatan Soaib, born on June 12,
2019, and Ameera Rajwah Pandapatan Soaib, born on August 6, 2020, respectively;
machine copies of their birth certificates are likewise marked as Annexes “B”, “C”, and
“D”, made as integral part of this petition;
5. The parties have lived harmoniously at the first, however as time passed by, the
parties had misunderstanding too often since the day the respondent associated with
persons of ill-repute which led the petitioner to live an immoral life, especially when the
respondent was leaving their conjugal dwelling thrice a week, sometimes he left for a
week for almost eight (8) months, while petitioner was left behind to care the minor
children. Therefore, the respondent was failed to do his marital obligation to the
petitioner as well; thus aggravating their family problem by the distance and conflict
between the couple;

6. During the period the parties having misunderstanding, the petitioner acknowledged
the possibility of reconciliation with the respondent. However, after exhausting all
possible means, respondent wilfully and unjustifiably refuses to reconcile with petitioner,
until the respondent started leaving their conjugal dwelling for weeks;

7. Due to irreconcilable issues, failure to give monthly support regularly and failure to
perform marital obligation for more than six (6) consecutive months starting February
2020, it is but just to ask this Honorable Court to issue a decree of divorce by faskh to
finally severe and terminate the marital bond between the parties.

WHEREFORE, it is most respectfully prayed to this Honorable Court that, after hearing,
JUDGEMENT be rendered in favor of the petitioner by GRANTING the instant and
further issue the corresponding Decree of Divorce by Faskh ORDERING further:

1. The marital bond between the parties have been severed and finally terminated;

2. Ordering and directing the respondent under the Muslim Law to give a regular
monthly support to petitioner‟s children in an appropriate amount which can sustain the
needs of the three (3) children to be given personally to the children;

3. Finally, ordering the divorce to be registered at the Shari‟a Circuit Registrar and be
properly annotated in the Certificate of Marriage of the parties.

The petitioner further prays such other relief deemed just and equitable under the
foregoing circumstances.

Marawi City, this 16st day of September 2023.

ATTY. NORHANAH L. AMPUAN, Sh.L

Counsel of the Petitioner
 VERIFICATION AND CERTIFICATION

I, NORLAILAH A. MOHAMMAD-SOAIB, of legal age, Filipino-Muslim and resident of

Brgy. Bangon, Marawi City, Philippines, after having been sworn to an oath in
accordance with law do hereby depose and say;

1. That I am the petitioner in the above-entitled complaint;

2. That I have caused the preparation of the foregoing complaint;

3. That I have read the allegations thereof and to my own knowledge the same are true
and authentic;

4. That to the best of knowledge, no such petition or complaint is filed or presently

pending before the supreme Court, Court of Appeals, or any Division thereof, or before
any Court, other tribunal or agency involving the same parties with the same issues and
cause of action and should I learn of any pendency thereof, I undertake to inform the
Honorable Court within five (5) days from knowledge;

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of

September 2023, at Marawi City, Lanao del Sur, Philippines.

NORLAILAH A. MOHAMMAD-SOAIB
Petitioner

SUBSCRIBED AND SWORN to before me this 21 st of September 2023, Marawi

City, Lanao del Sur, Philippines.
 Republic of the Philippines
nd
2 SHARI‟AH CIRCUIT COURT
Fourth Shari‟ah Judicial District
Marawi City

NORLAILAH A. MOHAMMAD-SOAIB, Civil Case No. 2023-001

Petitioner,
FOR: Divorce by Faskh

-vs-

BINMALIK A. SOAIB
Respondent
x--------------------------x

SUMMONS

TO: BINMALIK A. SOAIB

Brgy. Matampay Road
Marawi City

GREETINGS:

You are hereby required, within ten (10) days after service of SUMMONS upon you, to
file with this Court and serve on the plaintiff your answer to the complaint, a copy of
which is attached, together with the annexes. You are reminded of the provision in the
IBP-OCA memorandum on Policy Guidelines dated March 12, 2002 to observe restraint
in filing a motion to dismiss and instead allege the grounds thereof as defences in the
answer. If you fail to answer within the time fixed, this Court shall proceed to receive
evidence ex-parte upon which judgement shall be rendered on the same
complaint/petition.

WITNESS my hand under the seal of the Court, this 17th day of September 2023 at
Marawi City, Lanao del Sur, Philippines.

ATTY. IMRAN B. ACRAMAN

Clerk of Court II/Circuit Registrar
 Republic of the Philippines
nd
2 SHARI‟AH CIRCUIT COURT
Fourth Shar‟iah Judicial Court
Marawi City

NORLAILAH A. MOHAMMAD-SOAIB Civil Case No. 2023-001

Petitioner,
FOR: Divorce by Faskh

-vs-

BINMALIK A. SOAIB
Respondent.
x--------------------------x

ANSWER

RESPONDENT, by counsel, unto this Honorable Court, respectfully alleges:

1. That respondent admits the allegations of paragraph 1, 2, 3, and 4 of the complaint;

2. That respondent specifically denies the allegation of paragraph 5 of the complaint the
truth being that the respondent‟s association with ill-repute is not true. The „person of ill-
repute‟ that the petitioner was referring to in the complaint is a close friends of the
respondent and are not a persons of ill-repute. However, the respondent partly admits
that he sometimes, but not for days/weeks, left their conjugal dwelling and that
happened for a reason;

3. That respondent denies the allegation of paragraph 6 of the complaint the truth being
that the petitioner is being the one left their conjugal dwelling with the minor children
without the respondent‟s permission and is being the one who refused to reconcile with
the respondent;

4. That petitioner is not entitled to support pursuant to Islamic law because the
allegation of failure to perform the respondent‟s marital obligation to the petitioner has
no basis.

RELIEF

WHEREFORE, it is respectfully prayed of this Honorable Court that the complaint be

dismissed for lack of legal basis and merit
Marawi City, this 20th day of September 2023.

ATTY. NORHANAH L. AMPUAN, Sh.L

Counsel of the Respondent

SUBSCRIBED AND SWORN to before me this 20th day of September 2023, Marawi
City, Lanao del Sur, Philippines.

Copy furnished:

NORLAILAH A. MOHAMMAD-SOAIB
Brgy. Bangon, Marawi City