IN THE COURT OF FAMILY JUDGE SUKKUR

(Before Miss Salma Bano Phulpoto)

Family Suit No.88/2012

Mst.Rubina D/o Ameer Bakhsh

by caste Abbasi, Presently confined
in Darul-Aman Sukkur -------------------- Plaintiff

Versus

Wazeer S/o Qaim, by caste Abbasi

R/O Benhs/Cattle Colony AT Karachi
---------------------------Defendant
Mr. Miss Huma Sahar Maham Shaikh Shamsi, advocate
for plaintiff
None for the defendant

JUDGMENT
27-08-2012

The plaintiff named above has filed the above suit for
dissolution of her marriage by way of Khulla through her counsel,
against the defendant named above, before this court.
The brief facts of the plaintiffs suit as disclosed in the
memo of plaint are that about 15 years ago, the Nikah of plaintiff
had performed with the defendant with the consent of her parents
according to Muhammadan Law and one tola gold was to be fixed
as Haq Mahar, but the same was not paid by the defendant to the
plaintiff till to-date, as the plaintiff is also ready to forgo the Haq
Mahar, if marriage would be dissolved. From said wedded-lock, the
plaintiff gave birth to 4 children, namely (1) Asma aged about 14
years. (2) Aziz aged about 10 years (3) Javed aged about 08 years
and (4) Aijaz aged about 06 years. Since the very start, the
defendant kept the plaintiff happy for few years, but later on the
defendant changed his attitude and started to keep the plaintiff
harshly. The defendant used to misbehave with the plaintiff on very
petty matters, so also some times used to maltreat her and made
the life of the plaintiff miserable without any reason. The plaintiff
came to know that the defendant is a man of bad character and
remained in intoxicant condition by taking wine with his friends,
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therefore, he used to maltreat the plaintiff, whereupon, the plaintiff

highly resisted such act of defendant, due to which the defendant
annoyed and mercilessly beaten the plaintiff. Even the defendant
forced the plaintiff to make relationship with his friends and got
them amount, on her refusal, she was treated like a servant in the
house. About one year back, plaintiff was driven by the defendant
in three cloths from his house after beating the plaintiff as blue and
black, so also snatched the children from the plaintiff, thereafter,
plaintiff came her parents house, while her parents did not allow
her to reside with them, and again forced her to settle the matter
with the defendant, therefore, the plaintiff left her parents house
and came before the Court of learned Ist Additional Sessions
Judge, Sukkur and learned Court sent the plaintiff to Darul-Aman
Sukkur for save custody. Due to above bad conduct of defendant
the plaintiff has developed hatred against defendant and not
possible for her to live with the defendant as his wife within the
limits as prescribed by ALMIGHY ALLAH.
The plaintiff has prayed for judgment and decree as
under:-
P R AY E R
(a) To dissolve the marriage of the plaintiff with the
defendant by way 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 of the case.

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
Kawash dated 22-06-2012. 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.
 Page No-3

The plaintiff to prove her suit filed affidavit in exparte

evidence at Ex.5 Advocate for plaintiff filed statement to gave-up
PW Aijaz and Mumtaz Ali at Ex. 6 The suit was fixed for cross
examination by the defendant, but the defendant did not come
forward to cross examine the plaintiff, therefore the learned
counsel for plaintiff submitted the statement of side closed and the
statement of withdrawal of Haq Mahar at Ex. 07 and Ex.08.
I have heard learned counsel for the plaintiff and have
perused the entire material evidence available on record, carefully
and consciously.
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
 Page No-4

concerned union counsel/chairman for the confirmation of the

decree.
Announced in open court,
Given under my hand & seal of this court,
This the 27 t h day of August 2012

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge, Sukkur

DECREE
IN THE COURT OF FAMILY JUDGE SUKKUR
(Before Miss Salma Bano Phulpoto)

Family Suit No.88/2012

Mst.Rubina D/o Ameer Bakhsh

by caste Abbasi, Presently confined
 Page No-5

in Darul-Aman Sukkur -------------------- Plaintiff

Versus

Wazeer S/o Qaim, by caste Abbasi

R/O Benhs/Cattle Colony AT Karachi
---------------------------Defendant

SUIT FOR DISSOLUTION OF MARRIAGE

BY WAY OF KHULA

The plaintiff has prayed for judgment and decree as

under:-
P R AY E R
a) To dissolve the marriage of the plaintiff with the
defendant by way 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 of the case

This suit came-up for final hearing on 27-08-2012 in

presence of plaintiff Mst.Rubina Abbasi her counsel Mr. Miss Huma
Sahar Maham Shaikh Shamsi, advocate and in the absence of
defendant Wazeer Abbasi before 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 marr iage with
the defendant is hereby decreed. The marr iage {Nikah} of the
plaintiff with the defendant is hereby dissolved subject to
withdrawal of Haq Mahar. However, the decree would be
eff ective after expir y of (90) days
Announced in open court,
Given under my hand & seal of this court,
This the 27 t h day of August 2012

(Miss Salma Bano Phulpoto)

Civil Judge & Family Judge, Sukkur

Prepared by:-

(Abdul Rauf Mangi)

READER,
Civil Judge & Family Judge, Sukkur