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IN THE COURT OF CIVIL & FAMILY JUDGE, SUKKUR


(Before Miss Salma Bano Phulpoto)
Family Suit No.294/2011
Mst. Aini D/O Muhammad Jameel Abbasi
W/o Raheel Ahmed R/o Agha Badaruddin
Colony, District Sukkur ------------------------------ Plaintiff
Versus
Mr. Raheel Ahmed son of Muhammad Saleem
R/O Adam Shah Colony Sukkur
Near Agha Badaruddin Colony Opposite
Ghaffar Sabzi Wala New Pind Sukkur --------------Defendant
Mr. Moizuddin Qureshi, advocate for plaintiff
None for defendant, Defendant absent, made exparte

ORDER
23 -4-2012

The plaintiff named above has filed the present suit for
dissolution of her marriage on the ground of Khulla, against the defendant
named above.
The brief facts of the plaintiffs suit, as disclosed in the memo
of plaint are that on 18-04-2011 the plaintiff contracted marriage with the
defendant named above without consent of the plaintiff parents. The
plaintiff execute the Nikah with the defendant without the permission of
her parents in the base of free will affidavit. The plaintiff Nikah was
execute before Hafiz Muhammad Zaman Nikah Khawan on 18-4-2011
with the defendant due to many promise and securities gave to the
defendant to plaintiff that he will be agree to her parents for the Rukhsati
and at the time of registration of the Nikah an amount of Rs.10,000/- was
Haq Mahar but the same was not paid to the plaintiff by the defendant.
After the execute the Nikah plaintiff was back to his parents house only for
02 hours of the same day and she waiting for complete the promise by
defendant who will be satisfied of his parents. After Nikah, it has come to
knowledge of the plaintiff that the defendant is jobless person and used to
take intoxicant and having character and spend all the time with his bad
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character friends. Defendant time to time approached the parents of


plaintiff and requested them to make Rukhsati of the plaintiff in the house
of the defendant as the plaintiff has totally refuse to make Rukhsati with
the defendant in house, on which the parents of the defendant misbehaved,
maltreated and tortured her and issued threats of murder, if the plaintiff
would not go with the defendant, she should be murdered by leaving false
allegation. The defendant used to start the blackmailing to the plaintiff and
her parents and also information who want to make the KARI to the
plaintiff, hence she filed the present suit and prayed for judgment and
decree as under:-
P R AYE R
a) To dissolve the marriage of the plaintiff with the defendant
by way of Khulla.
b) To grant any other relief which this Honourable
court deem and fit under the circumstance of this
case.

c) To award the costs of the suit


On receiving the suit, this court issued summons to the
defendant through court bailiff, as well as through registered post A.D and
finally the defendant was served with the summons of this court through
publication in news paper daily Express dated 19-01-2012 and the
defendant served through publication, on 20-1-2012 counsel for defendant
filed Vakalatanama on behalf of defendant but he 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 25-02-2012 and the plaintiff was directed to
adduce evidence in the absence of the defendant.
The plaintiff to prove her suit filed affidavit in
exparte evidence at Ex. 5 On 3-4-012 the suit was fixed for
cross examination by the defendant or his counsel, but the
defendant did not come forward to cross examine the plaintiff,
therefore the learned counsel for plaintiff submitted the
statement of side closed at Ex.06.
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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 23rd day of April 2012

Sd/-23-04-2012
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur
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DECREE
IN THE COURT OF FAMILY JUDGE SUKKUR
(Before Miss Salma Bano Phulpoto)
Family Suit No.294/2011
Mst. Aini D/O Muhammad Jameel Abbasi
W/o Raheel Ahmed R/o Agha Badaruddin
Colony, District Sukkur ------------------------------ Plaintiff
Versus
Mr. Raheel Ahmed son of Muhammad Saleem
R/O Adam Shah Colony Sukkur
Near Agha Badaruddin Colony Opposite
Ghaffar Sabzi Wala New Pind Sukkur --------------Defendant
SUIT FOR DISSOLUTION OF MARRIAGE
BY WAY OF KHULA

The plaintiff has prayed for judgment and decree as


under:-
PRAYE R
(a) To dissolve the marriage (Nikah) of plaintiff with
the defendant on the ground of Khulla

(b) To award the costs of the suit.


(c) Any other relief which this Court deems fit and
proper under the circumstances of the suit.
This suit came-up for final hearing on 23-04-2012 in
presence of plaintiff Mst. Aini Abbasi her counsel Mr. Moizuddin
Qureshi, advocate and in the absence of defendant Raheel Ahmed
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 23 r d day of April 2012

Sd/-23-04-2012
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur
Prepared by:-
Sd/-23-04-2012
(Abdul Rauf Mangi)
READER,
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Civil Judge & Family Judge, Sukkur