Dissolution of marriage. How to draft a suit for dissolution of marriage on the basis of khula under Muslim Family Laws? The sample is given below, please make necessary amendments as per facts of the case.

Dissolution of marriage

Purpose: To seek a decree for dissolution of marriage by a wife against her husband under Muslim Family Laws.

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT

In the matter of:

(Full name, parentage, and address of plaintiff/wife)  …Plaintiff

VERSUS

(Full name, parentage, and address of defendant/husband)  …Defebdabt

SUIT FOR DISSOLUTION OF MARRIAGE ON THE BASIS OF KHULA

Respectfully Sheweth :

1.       That the marriage between the spouses was solemnized on 25.10.2017 in accordance with Muslim Rites and Ceremonies.

2.       That at the time of marriage, the plaintiff was given dowry articles which are still lying at the residence of the defendant, and the plaintiff reserves the right to recover the same.

3.       That after marriage, the plaintiff started her matrimonial obligation at the residence of the defendant but from the first day of the marriage the relationship became strained between the spouses and the defendant started showing his real colors and he used to beat the plaintiff on petty household matters.

4.       That the plaintiff always proved herself as an obedient wife and never ever informed about the bad behavior of the defendant and his family to her parents in order to save her matrimonial life but on the other hand, the defendant never mend his ways and remained continued his behavior with the plaintiff.

5.       That on 15.12.2017, the defendant without any justification ousted the plaintiff from his house in three wearing apparel after giving her a severe beating and since then the plaintiff is residing at her parent’s house who is providing all the necessities of life to the plaintiff.

6.       That after the ousting of the plaintiff from his house, the defendant neither himself nor through any Jirga contacted the plaintiff or her family for reconciliation. It is pertinent to mention here that the defendant did not pay a single penny in the account of maintenance allowance to the plaintiff.

7.       That due to the above-said acts of the defendant, the plaintiff has developed severe hatred against the defendant, and now she prefers to die instead of joining the defendant as his wife.

8.       That the plaintiff time and again requested the defendant to reconcile the matter and Abad the plaintiff in his house or dissolve this marriage tie but the defendant is reluctant to do so and bent upon to tease the plaintiff, hence this suit.

9.       That the cause of action firstly accrued on 15.12.2017 when the defendant ousted the plaintiff from his house in three wearing apparel and lastly two days back when the defendant refused to pronounce divorce to the plaintiff and is still continuing day by day.

10.    That the plaintiff is residing within territorial limits of this Hon’ble Court, hence this Hon’ble Court has jurisdiction to entertain and adjudicate upon the matter.

11.    That the proper court fee has been affixed on the plaint.

In the light of the above submissions, it is most respectfully prayed that a suit of the plaintiff may kindly be decreed in favor of the plaintiff against the defendant in accordance with the law may kindly be passed in favor of the plaintiff and against the defendant.

Any other relief, which this Hon’ble Court may deem fit and proper may also be awarded to the plaintiff.

                Plaintiff                 Through                 Counsel                                 

Verification

Verified on oath at the name of a city on this 3^rd day of Jan 2018 that the contents of Para Nos. 1 to 8 are true to the best of my knowledge while those of the remaining Para Nos. 9 to 11 are true to my belief.

                                               Plaintiff