suit for restitution of conjugal rights
Forum: Family Court
Title/parties: Husband as plaintiff Vs wife
as a defendant.
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS
Respectfully Sheweth:-
That the marriage
contract/Nikah between the plaintiff and defendant was sanctified on 23.05.2010
in accordance with Muslim Rites and Ceremonies against the dower in the shape of
gold ornaments weighing 16 Grams which was given to the defendant by the plaintiff
at the time of marriage and same is still under the possession and usage of the
defendant. The Rukhsati (joining ceremony of spouses) was taken place on 12.07.2011.
That the
defendant joined the plaintiff and the spouses started performing their matrimonial
obligations toward each other at the residence of the plaintiff. During some
period of marital life, the spouses lived together happily as well as amicably,
as the spouses were used to giving due respect and honor to each other. The plaintiff
always fulfilled all the necessities and requirements of the defendant according
to his financial status. The spouses were blessed by the Almighty Allah, with two
children namely Fatima (daughter) now aged about 3 ½ years and a son namely
Muhammad Ibrahim now aged about 1 ½ years, who are alive and are residing with
the defendant.
That during the
period of subsistence, the plaintiff always treated the defendant with love and
care while the defendant also spent the initial period of the marriage as an
obedient wife but with the passage of time she changed her behavior towards the
defendant and often she quarrels towards the plaintiff without any reason or justification, and also used to demand extra and unnecessary articles from the
plaintiff just in order to tease and pressurize the plaintiff but the plaintiff
always tried his level best to fulfill even her unnecessary demands and requirements
to maintain the marital tie as well as for the sake bright future of minor
children. The list of articles is also attached herewith for the kind perusal of
this Hon’ble court.
That the
defendant often leaves the house of the plaintiff without any reason and started
living at her parent’s house but the plaintiff always reconciles the matter and
takes her back to his house. A few months back, the defendant admitted the
minor children to Yateem Khana/orphan care center without any information or
permission from the plaintiff and when the plaintiff got knowledge about the minor
children, he recovered the minors from the orphan care center.
Before a
week, the defendant started the demand for divorce at the instigation of her family members, upon which the plaintiff
refused to do so and tried to reconcile the matter but the defendant was always reluctant
to consider the sincere efforts of the plaintiff and persisted on her unethical
demand of divorce without any plausible reason or cause.
Thereafter,
the plaintiff approached to the parents of the defendant for reconciliation,
who initially considered and understood the plaintiff but later on, they also established
liaison with the defendant meanwhile, one day, the defendant called her
brothers and parents at the residence of the spouses and subsequently with the
help of her brothers and parents occupied the house of the plaintiff and ousted
the plaintiff from his own house by extending threat that if the plaintiff does
not pronounce her divorce, then they will kill the plaintiff, in these circumstances,
the plaintiff preferred to leave his house instead to break the marriage tie
and thereafter the plaintiff time and again requested indirectly the defendant
to leave her arrogant and irresponsible behavior and attitude for the sake of martial
tie and for the welfare of the children
but the defendant has refused to listen to anything reasonable.
That the
plaintiff being a loving and caring husband is ready to reconcile the matter and keen to join the defendant by fulfilling
all the reasonable demands of the defendant but it is the defendant who refused to allow the plaintiff in his own house and reconcile the matter, therefore, the plaintiff has no other option
except to knock the door of this Hon’ble court for a decree of restitution of
conjugal rights.
That the cause
of action accrued to the plaintiff firstly, when the defendant with the help of
her family occupied the house of the plaintiff, and the same is continuing day by
day.
That the cause
of action accrued within the territorial
limits of this Hon’ble court, hence this Hon’ble court has jurisdiction to try
and adjudicate upon the matter.
That the levy
of court fee and jurisdiction has been affixed on the plaint.
PRAYER:
In view of the
above circumstances, it is, most respectfully prayed that a decree for
restitution of conjugal rights may kindly be passed in favor of the plaintiff
and against the defendant by issuing direction to the defendant to join the
plaintiff and to perform her matrimonial obligations towards the plaintiff at
the residence of the plaintiff.
Plaintiff Through Counsel
Verification:-
Verified
that the contents of all the paragraphs are true and correct to the best of my
knowledge and belief and nothing has
been concealed therein.
…..Plaintiff
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