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| Family suit for recovery of maintenance and dowry articles |
Purpose: To claim maintenance allowance, dowery articles, dower, etc by a wife from her husband under the Muslim Family law.
IN THE COURT OF SENIOR CIVIL JUDGE / JUDGE FAMILY COURT, (NAME
OF CITY)
In the matter
of:
(Name, parentage,
and complete address of the plaintiff) …. Plaintiff
Versus
(Name, parentage,
and complete address of the defendant) …. Defendant
SUIT FOR: -
(a). RECOVERY OF MAINTENANCE ALLOWANCE @
RS. 20,000/- PER MONTH FROM THE DATE OF DESERTION TILL THE PERIOD OF IDDAT.
(b). RECOVERY OF DOWRY ARTICLES AS PER
LIST ATTACHED OR ITS ALTERNATE PRICE.
(c). RECOVERY OF DOWER AMOUNT OF
RS.300,000/-
(d). RECOVERY OF GOLD ORNAMENT WEIGHING 5
TOLAS AS PER COLUMN NO. 17 OF NIKAHNAMA AND 3 GOLD ORNAMENT TOLA WHICH GIVEN TO
THE PLAINTIFF BY HER PARENTS.
Respectfully Sheweth:-
That the marriage between the plaintiff
and defendant was solemnized on 26.05.2017 in accordance with Muslim Family
Rites and Ceremonies against the deferred dower amount of Rs.300,000/- which is
outstanding against the defendant towards the plaintiff up till now.
Furthermore, as per column No. 17 of Nikahnama gold ornaments weighing 5 tolas were
mentioned to be paid to the plaintiff and the same was later on taken by the
defendant along with gold ornament 3 tolas (given to the plaintiff by her
parents) for the purpose of purchasing of auto Rickshaw but never returned the
same to the plaintiff. (Copy of Nikahnama is annexed herewith for kind perusal
of this Hon’ble court)
That at the time of Rukhsati, the
plaintiff was given precious dowry articles (as per the list attached) along
with 3 tolas gold ornaments, the dowry articles are still in possession of the
defendant, whereas, the defendant is also bound to return gold ornaments 3
tolas and 8 tolas total 8 tolas to the plaintiff or its alternate amount.
That after marriage, the plaintiff started
matrimonial obligation at the residence of the defendant, and at the beginning
of the marriage, the behavior of the defendant was amicable with the plaintiff
but later on, the defendant changed his behavior toward the plaintiff and
started showing his real color, the defendant started quarreling plaintiff on the
petty household matter. The plaintiff tried her level best to tolerate the
matter but the defendant always ignored the obedience and sincerity of the
plaintiff and he remained his cruel behavior towards the plaintiff, whereas
from this wedlock no issue was born.
That the defendant always quarreled with
the plaintiff and used to beat the plaintiff and also used abusive language toward
the plaintiff without any reason or justification. However, the plaintiff
always tried to bear all these hardships in order to save her matrimonial life
and respect her family but the defendant neither mend his ways nor bother to
pay even a single penny to the plaintiff in lieu of maintenance allowance.
That on 12.05.2022, the defendant beat the
plaintiff due to which the plaintiff sustained injuries against which the
plaintiff not only moved an application but also she was medically examined
(copies of application along with Raput and medical reports are annexed
herewith) and thereafter on the same day, the defendant ousted the plaintiff
from his house in three wearing apparels by snatching all the belongings of the
plaintiff without any fault on behalf of the plaintiff or cogent reason.
Since 12.05.2022, the plaintiff is
residing at her parent’s house who are providing all the necessities of life to
the plaintiff, whereas, the defendant despite resolving or reconciling the
matter, sent a divorce notice dated
19.05.2022 to the plaintiff by pronouncing triplicate divorce to the plaintiff
without any plausible reason or lawful justification.
That defendant is legally and morally
bound to pay maintenance allowance to the plaintiff till ending of iddat period
as well as to return dowry articles, gold ornaments weighing 8 tolas and also
bound to pay dower amount of Rs.300,000/- to the plaintiff but the defendant
reluctant to do so.
That the defendant is a running his own
business of polish of vehicle and his monthly income is more than Rs.80,000/-
who can easily pay Rs.20,000/- per month to the plaintiff since 12.05.2022 till
her legal entitlement but the defendant is not ready to listen to anything and
flatly refused to accede the genuine request of the plaintiff.
That the plaintiff time and again asked
the defendant to pay maintenance, dower amount of Rs.300,000/-, to return gold
ornament weighing 8 tolas and dowry articles as per the list attached but the
defendant has flatly refused to do so without any cogent reason or lawful
justification, hence this suit.
That the cause of action accrued to the
plaintiff against the defendant firstly on 12.05.2022 when the defendant ousted
the plaintiff from his house in three wearing apparels, secondly on 19.05.2022
when the defendant pronounced divorced the plaintiff, and lastly two days ago
when the defendant refused to accede the genuine request of the plaintiff and
same is continuing day by day.
That the residence of the plaintiff and
cause of action accrued within the territorial jurisdictions of this Hon’ble court,
hence this Hon’ble court has jurisdiction to entertain and adjudicate upon the
matter.
That the prescribed court fee has been
affixed on the plaint.
Prayer:
In view of the above circumstances, it is,
most respectfully prayed that: -
A decree for recovery of maintenance
allowance @ Rs. 20,000/- per month from the date of desertion till the period
of iddat.
A decree for recovery of dowry articles as
per the list attached or its alternate price.
A decree for recovery of dower amount of
Rs.300,000/-
A decree for recovery of gold ornament
weighing 5 tolas as per column no. 17 of Nikahnama and 3 gold ornament tola
which was given to the plaintiff by her parents, may kindly be passed in favor
of the plaintiff and against the defendant with costs.
Any other relief which this Hon’ble court
deems just and proper may also be awarded.
Plaintiff Through Counsel
Verification: -
Verified on Oath on this (day,
month, year) that the contents of para-No. 1 to 9 are true and correct to the
best of my knowledge and belief and whereas para-No.10 to 12 are believed to be
true as per information received.
…..Plaintiff
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