IN THE COURT OF FAMILY JUDGE SUKKUR

(Before Miss Salma Bano Phulpoto)

Family Suit No. 130/2011

Mst.Nazeeran D/O Moula Bux,

Muslim, Adult, by caste Soomro,
R/O New Pind Islam Colony,
Sukkur---------------------------------------------------------Plaintiff

Versus

Assadullah S/O Motan @ Mehmoon,

Muslim, adult, by caste Soomro,
Police constable, at Larkana, C/O
His father chowkidar at M.K School
Near D.C Office Sukkur-----------------------------------Defendant

Mr. Muhammad Ali Shah advocate for plaintiff

None for the defendant

JUDGMENT
Dt: 08-10-2011

The plaintiff named above has filed the above suit

for dissolution of her marriage by way of Khulla through her
counsel Mr. Muhammad Ali Shah advocate, against the
defendant named above.
The brief facts of the plaintiffs suit are that the
plaintiff contracted marriage with the defendant. The Haq Mahar
was fixed to be Rs.20,000/-. The defendant did not pay the
same to the plaintiff. The plaintiffs parents gave dowry articles
to the plaintiff which she shifted to the house of the defendant.
The Rukhsati of the plaintiff took place to the house of the
defendant. From the wedlock, the plaintiff delivered no issue.
The defendant time to time beaten the plaintiff blue and black
and tortured with electricity current and forced her for living
immoral life with strangers and told the plaintiff that she would
be declared as Kari and would be murdered. The conduct of the
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plaintiff is very miserable with the plaintiff, the plaintiff filled

harassment petition against the defendant before Honourable
high court of Sindh bench at Sukkur which was disposed off in
the favour of the plaintiff. The plaintiff resided with the
defendant for about 6 months. The defendant from time to time
beaten the plaintiff blue and black and given torture with
electricity and forced for utilize immoral life with stranger
persons but on the refusal of plaintiff, the defendant drove out
the plaintiff from his house in three clothes. Due to the bad
conduct of the defendant, the plaintiff doesnt want to go with
the defendant as his wife and do not want to live with him within
the limits prescribed by Almighty Allah
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

On receiving the suit, this court repeatedly issued

notices (summonses) to the defendant. The defendant was
served with the notice (summons) through publication in
newspaper KAWISH dated 14-9-2011. 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 truck 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
expartee proof, before this court and filed affidavit in expartee
proof.
 Page No-3

Today 08-10-2011, the suit is fixed for cross-

examination of the plaintiff 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 in her evidence has fully supported her
version regarding non-maintenance, hatred ness, cruelty and
impotency, as she disclosed by her 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.
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 views of the above circumstances and evidence
available on the record, I have come to the conclusion that the
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defendant has failed to provide maintenance to the plaintiff, and

harassed the plaintiff to leveling false allegation of Karap and
threats of killing. He drove her out from 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 08th day of October 2011

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge,
Sukkur
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DECREE
IN THE COURT OF FAMILY JUDGE SUKKUR
(Before Miss Salma Bano Phulpoto)
Family Suit No. 130/2011
Mst.Nazeeran D/O Moula Bux,
Muslim, Adult, by caste Soomro,
R/O New Pind Islam Colony,
Sukkur---------------------------------------------------------Plaintiff
Versus
Assadullah S/O Motan @ Mehmoon,
Muslim, adult, by caste Soomro,
Police constable, at Larkana, C/O
His father chowkidar at M.K School
Near D.C Office 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 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 08-10-2011 in

presence of plaintiff Mst. Naziran and her counsel Mr.
Muhammad Ali Shah advocate and in the absence of defendant
Assadullah, before Miss Salma Bano Phulpoto, Civil Judge and
Family Judge, Sukkur. It is ordered that the suit of the plaintiff in
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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 6th day of September 2011

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge,
Sukkur
(Haji Khan Naper)
READER,
Civil Judge & Family Judge,
Sukkur

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.
6. Total
7. In words

READER & TAXING OFFICER

Civil Judge & Family Judge,
Sukkur