1

IN THE COURT OF CIVIL & FAMILY JUDGE, SUKKUR

(Before Miss Salma Bano Phulpoto)
Family Suit No.254/2011
Mst. Hina D/O Shamsher Ali
Wife of Karamat Ali, Syed by caste
R/O Takar Muhalla Sukkur ------------------------------ Plaintiff
Versus
Karamat Ali son of Mehfooz Ali
By caste syed R/o near Noori Masjid
Takar Muhalla Sukkur ----------------------------------- Defendant
Mr. Yousif Ali advocate for plaintiff
None for defendant, Defendant absent, made exparte

ORDER
17-4-2012

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 19-11-2006 the plaintiff contracted marriage with the
defendant named above, in accordance with Muhammadin Law. The Haq
Mahar was fixed to be Rs.22,500/- in shape of Golden ornaments weight
about 1.50 tolas the same was (Enduth-Talab) and Rukhsati was due after one
year and Haq Mahar is still unpaid in spite of several demands but till today
the same has not yet paid to the plaintiff and she is ready to forgo the same.
The Rukhsati of the plaintiff was deferred for one year, and on completion of
stipulated period of one year the Rukhsati was performed in the year of 2007
and at that time the parents of the plaintiff given the golden ornaments such as
1. Three tolas golden set amounting to Rs.61,500/- ear-ring amounting to
Rs.1,500/- . Thereafter plaintiff and defendant were passing happy life and
from the above wedlock born one child namely Manail aged about 2 years.
The some time the attitude of the defendant has been worst against the
plaintiff and started to beat the plaintiff on simple petty matter without any
reason in this regard she made several complaints to the parents of the
defendant as well as her parents but despite of that no any fruitful result came
out lastly on 15-5-2010 she was driven out by the defendant in simple three
 2

clothes along with son Manail and that time she was pregnant, she took shelter
in the house of parents were she gave birth to one child namely Kabeer and
parents of the plaintiff provided them maintenance, day-to-day medical
expenses to the plaintiff, though plaintiff as well as her parents time to time
and against approached the defendant and her parents in order to settle their
dispute but nothing came in force. The plaintiff at the house of parents, neither
the defendant visit the house of plaintiff nor taken her back to their house. Not
only his but the defendant failed to pay any maintenance to the plaintiff and
her child from 15-5-2010 till today. Since the plaintiff driven out by the
defendant plaintiff passing her life miserably in the house of her parents and
her parents bear her expenses, medicines and other thing. Due to ill behavior
of defendant the plaintiff has developed instant hatred against the defendant it
is not possible for the plaintiff to live with the defendant within the limits as
prescribed by ALLAH as the plaintiff has made up her mind not to live with
the defendant under any circumstances, Hence the plaintiff claims the
dissolution of her marriage with the defendant by way of Khulla. The plaintiff
through her parents as well as brother demanded for return of Golden
ornaments as well as the dowry articles but they refused to do so. Not only
this but the plaintiff is demanding the dissolution of her marriage by way of
KHULA from the defendant he also refused, 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 02-02-2012 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
 3

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 No.5 and her witness Abdul Waheed Shah at Ex.6 and her witness
Intizar Ali at Ex. 07. On 20-03-2012, the suit was fixed for cross examination
by the defendant or his counsel, but the defendant did not come forward to
cross examine but plaintiff. The learned counsel submitted the statement of
side closed at Ex. 08. I have heard learned counsel for plaintiff and perused
the record.
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
 4

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 17th day of April 2012
Sd/-14-04-2012
(Miss Salma Bano Phulpoto)
Civil & Family Judge, Sukkur
CERTIFIED TO BE TRUE COPY

FAMILY JUDGE & CIVIL JUDGE SUKKUR

certified applied for on: ( May two Thousand Twelve)

Cost estimated on: ( May two Thousand Twelve)
Cost deposited on: ( May two Thousand Twelve)
Stamps supplied on: ( May two Thousand Twelve)
Copy made reedy on: ( May two Thousand Twelve)
Copy certified on: ( May two Thousand Twelve)
Copy delivered on: ( May two Thousand Twelve)

Copying fee Rs.

Comparing fee Rs. .
Total fee Rs.
Copied by:
Compared by:
Read by: Record keeper
Family court and civil court
Sukkur.
 5

DECREE
IN THE COURT OF FAMILY JUDGE SUKKUR
(Before Miss Salma Bano Phulpoto)
Family Suit No.254/2011
Mst. Hina D/O Shamsher Ali
Wife of Karamat Ali, Syed by caste
R/O Takar Muhalla Sukkur ------------------------------ Plaintiff
Versus
Karamat Ali son of Mehfooz Ali
By caste syed R/o near Noori Masjid
Takar Muhalla 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 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
This suit came-up for final hearing on 25-04-2012 in
presence of plaintiff Mst. Hina her counsel Mr. Yousif Ali, advocate
and in the absence of defendant Karamat Ali, 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 17 t h day of April 2012
Sd/-14-04-2012
(Miss Salma Bano Phulpoto)
Civil Judge & Family Judge, Sukkur
Prepared by:-
Sd/-14-04-2012
(Abdul Rauf Mangi)
READER,
Civil Judge & Family Judge, Sukkur
6