IN THE COURT OF CIVIL & FAMILY JUDGE SUKKUR

(Before Miss Salma Bano Phulpoto)

Family Suit No.176/2011

Mst. Khalidan D/O Muhammad Iqbal,

Muslim, Adult Memon by caste,
Resident of Balouch Colony, Karachi,
At present near Shikarpur Phatak,
Sukkur ---------------------------------------- Plaintiff

Versus
Rab Nawaz S/O Haq Mahar Nawaz,
Muslim, adult, Memon by caste,
Resident of Gulistan-e-Johar,
Main Safora Chorangi, Karachi---------------------------------Defendant

Mr. Shafique Ahmed Leghari, advocate for plaintiff

None for the defendant

JUDGMENT
27-10-2011

The plaintiff named above has filed the above suit for
dissolution of her marriage with the defendant by way of Khulla,
through her counsel Mr. Shafique Ahmed Leghari, advocate.
The brief facts of the plaintiffs suit are that the parents of
the plaintiff solemnized the marriage of the plaintiff when she was
minor and the plaintiff is unaware about the Haq Mahar Mahar and
on 26-7-2008 the Rukhsati of the plaintiff took place to the house of
the defendant. The plaintiff delivered three issues namely Baby
Soonh, Baby Mubeena and Baby Memona from this wedlock. The
plaintiff came to know after the marriage, the defendant is man of bad
character and used to take narcotics and is a gambler. The defendant
never maintained the plaintiff properly even her children and all the
necessary expenses of the plaintiff were born by the parents of the
plaintiff. The defendant is very cruel person, used to maltreat the
plaintiff, her children and has made the life of the plaintiff to a hell.
The defendant has fallen in the bad habits of taking liquor and charas
etc and the father of the plaintiff used to maintain her children. The
 2
defendant used to beat the plaintiff and her children mercilessly in
drinking condition and then the plaintiff left his house along with her
children in three clothes and since then she is residing with her
parents.
Due to the conduct of the defendant, the plaintiff
has developed great hatred towards the defendant and does
not want to see his face as well as not live with the
defendant within the limits prescribed by ALLAH
ALMIGHTY and wants to dissolve her marriage by way of
Khulla and now the plaintiff has decided to death rather
than to live with him.
The plaintiff has prayed for judgment and decree as

under:-

PRAYER

(a) To dissolve the marriage of plaintiff with the defendant

by way of Khulla.

(b) To award the costs of the suit

(c) To grant any other relief which this court deems fit and
proper under the circumstances of the case.

On receiving the plaint, this court repeatedly

issued notices (summonses) to the defendant. The
defendant was served with the notice (summons) through
publication in newspaper KAWISH dated 18-09-2011. The
defendant in spite of the service did not responded to the
notice (summons) issued by this court and did not appear
before this court and did not file the written statement,
consequently the name of the defendant was struck of from
filling written statement and the plaintiff was directed to
adduce evidence, in the absence of the defendant.
The plaintiff to prove her suit filed her affidavit in
the absence of the defendant. The plaintiff to prove her suit
produced witness namely Allah Dino, before this court and
filed affidavit in ex-parte proof.
 3
On 20-10-2011 the suit was fixed for cross-
examination of the plaintiff and her witness but the
defendant did not appear before this court or to cross
examine the plaintiff or her witnesses. Consequently
learned counsel for the plaintiff closed the side of the
plaintiff.
I have heard learned counsel for the plaintiff and
have perused the entire material evidence available on
record, carefully and consciously.
The record shows that the defendant was served
with the notice (summons) of this court and in spite of the
service the defendant did not appear before this court to
contest the suit filed by his wife. The conduct of the
defendant suggested that the defendant has lost his interest
in the plaintiff and her suit, therefore he chosen to remain
absent from this court rather to contest the suit. However,
this court has provided so many opportunities to the
defendant to appear before this court and to contest the suit
but he did not come forward.
The plaintiff and her witness in their evidence have
fully supported the version of plaintiff regarding non-
maintenance, hatred ness, cruelty as disclosed by the plaintiff
in the plaint. The plaintiff deposed that she developed hatred
against the defendant therefore she is not ready to see his
face as well as not live with the defendant within the limits
prescribed by ALLAH ALMIGHTY and wants to dissolve her
marriage by way of Khulla and now the plaintiff has decided
to death rather than to live with him. She further disclosed
that the Haq Mahar has not been paid, hence she is ready
to forgo the same in favour of the defendant.
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.
 4
In views of the above circumstances and evidence
available on the record, I have come to the conclusion that the
defendant has failed to provide maintenance to the plaintiff and
drove her out from his house and left her vulnerable in this
male dominating society, the evidence of the plaintiff 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 is hereby dissolved subject to
withdrawal of Haq Mahar by the plaintiff. However, the decree
would be effective after expiry of (90) days from the date of
order.
Announced in open court,
Given under my hand & seal of this court,
This the 27 t h day of October 2011

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge,
Sukkur
 5
DECREE
IN THE COURT OF FAMILY JUDGE SUKKUR
Family Suit No. 135/2011

Mst. Khalida ----------------------------------Plaintiff

Versus
Rabnawaz --------------------------------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 on the ground of Khulla.

(b) To award the costs of the suit.

(c) To grant any other relief as deems fit and proper in the
above circumstances

This suit came-up for final hearing on 27-10-2011 in presence

of plaintiff Mst.Khalida and her counsel Mr. Shafiq Ahmed Leghari
advocate and in the absence of defendant Rabnawaz before Miss Salma
Bano Phulpoto, Civil Judge and Family Judge, Sukkur. It is ordered that
the suit of the plaintiff is hereby decreed. The marriage {Nikah} of the
plaintiff with the defendant is hereby dissolved subject to withdrawal of
Haq Mahar by the plaintiff. However the decree would be effective after
expiry of (90) days from the date of order.
Announced in open court,
Given under my hand & seal of this court,
This the 27th day of October 2011

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge, Sukkur

(Haji Khan Naper)

READER,
Civil Judge & Family Judge, Sukkur
 6

MEMO OF PLAINT
Sr Particulars Plaintiff Defendant
No.
1. Stamps on plaint.
2. Stamps on process.
3. Stamps on Power.
4. Stamps on
applications
5. Advocate Fees. Bill Not filed Bill not filed
6. Total
7.
In words

READER & TAXING OFFICER

Civil Judge & Family Judge,
Sukkur