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IN THE COURT OF CIVIL & FAMILY JUDGE, SUKKUR

(Before Miss Salma Bano Phulpoto)
Family Suit No.12/2012

Mst. Afsheen D/O Asif Ali Shaikh,

Wife of Muhammad Imran, Muslim,
Adult, R/O Nusrat Colony No.5 near
Olia Masjid Old Sukkur------------------------------ Plaintiff

Versus

Muhammad Imran son of Muhammad Junaid,

Muslim, Adult R/O House No.114/5 Urdu
Nagar Malir Colony Karachi No.37. --------------Defendant

Mr. Atif Ilyas advocate for plaintiff

None for defendant, Defendant absent, made exparte

ORDER
19 -4-2012

The plaintiff named above has filed the present suit for
dissolution of her marriage on the ground of Khulla, maintenance and
recovery of dowry articles against the defendant named above.
The brief facts of the plaintiffs suit, as disclosed in the
memo of plaint are that on 13-04-2009 the plaintiff contracted
marriage with the defendant named above, in accordance with
Mohammedan law. The Haq Mahar was fixed to be Rs.30,000/-and
the defendant did not pay the same to the plaintiff despite of repeated
demands. After Nikah, the Rukhsati of the plaintiff took place to the
house of the defendant at Karachi. At the time of marriage, the
plaintiffs parents gave dowry articles worth of Rs.114,895/- to the
plaintiff which she shifted to the house of the defendant at Karachi.
After marriage the defendant proved himself to be a cruel person and
a man of no means. He used to beat the plaintiff without any reason
and did not provide house hold expenditure properly. From beginning
the defendant had no love and affection with the plaintiff and he used
to insult her without any fault or reason on the part of the plaintiff.
Out of this wedlock, the plaintiff delivered one son namely
Muhammad on 18-08-2010 and at the time of delivery, the defendant
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run from the hospital and did not pay single paisa in respect of
delivery expenses. After birth of male child, the defendant became
more aggressive and cruel with the plaintiff and he miserable failed to
provide food, milk, medicine and other necessities of life to the said
minor. The plaintiff asked the defendant to, mend his way and
maintain her and the child but on each and occasion she was seriously
beaten by the defendant and subjected to maltreatment. On 24-08-
2010 minor Muhammad was seriously ill, she asked the defendant to
give her some money for treatment of minor child. The defendant
became rushed and seriously beaten the plaintiff and drove her along
with minor child in three clothes and since then, the plaintiff returned
to her parents house and used to reside here at Sukkur with her
parents. Due to worst behavior of the defendant, the plaintiff has
developed hatred against the defendant in her mind (heart), so that she
can not live with the defendant as his wedded wife within limits of
Almighty Allah, hence she filed the present suit and prayed for
judgment and decree as under:-
P R AYE R
a) To dissolve the marriage (Nikah) of plaintiff with the
defendant on the ground of Khulla.
b) To direct the defendant to pay the amount of
Rs.136,000/- in respect of maintenance of plaintiff
from 24-8-2010 in respect of maintenance of plaintiff
from 24-8-2010 to January 2012 at the rate of
Rs.8000/- per month and so also future maintenance
till iddat period.
c) To return the dowry articles as detailed in Para 2
above or in alternative, the defendant be directed to
pay a sum of Rs.114,895/- to the plaintiff being cost
of dowry articles.
d) To award the costs of the suit
e) Any other relief which this Court deems fit and proper
under the circumstances of the suit.
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On receiving the suit, this court issued summons to the

defendant through court bailiff, as well as through registered post A.D
and finally the defendant was served with the summons of this court
through publication in news paper daily Nawa-e-waqt dated 15-03-
2012 but the defendant in spite of the publication in the news paper,
did not come forward to contest the suit, hence the conduct of the
defendant suggested that the defendant had no interest in the plaintiff
or the proceedings of the present, suit, hence the defendant was made
exparte such order was passed by this court on order sheet dated:-06-
04-2012 and the plaintiff was directed to adduce evidence in the
absence of the defendant.
The plaintiff to prove her suit, filed affidavit in exparte
evidence at Ex No.5 and on 13-04-2012, the suit was fixed for cross
examination by the defendant or his counsel, but the defendant did not
come forward to cross examine the plaintiff.
I have heard learned counsel for the plaintiff and perused
the record.
The plaintiff in her evidence has deposed that after
marriage the defendant proved himself to be a cruel person and a man
of no means. He used to beat her without any reason and did not
provide house hold expenditure properly. From beginning the
defendant had no love and affection with her and he used to insult her
without any fault or reason on her part. On 18-08-2010 she delivered
one son and at the time of delivery, the defendant run from the
hospital and did not pay single paisa in respect of delivery expenses.
After birth of male child, the defendant became more aggressive and
cruel with her and he failed to provide food, milk, medicine and other
necessities of life to the said minor. She asked the defendant to, mend
his way and maintain her and the child but on each and occasion she
was seriously beaten by the defendant and subjected to maltreatment.
On 24-08-2010 minor Muhammad was seriously ill, she asked the
defendant to give her some money for treatment of minor child. The
defendant became rushed and seriously beaten her and drove her
along with minor child in three clothes and since then, she returned to
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her parents house and used to reside here at Sukkur with her parents.
Due to worst behavior of the defendant, the plaintiff has developed
hatred against the defendant in her mind (heart), so that she can not
live with the defendant as his wedded wife within limits of Almighty
Allah. She further deposed that the defendant left her vulnerable in
this male dominating society, and under such situation, it is impossible
for the plaintiff to live with the defendant as his wedded wife within
in hateful union, within the prescribed limits of Almighty Allah,
consequently the suit of the plaintiff for dissolution of her marriage by
way of Khulla is decreed under. The marriage/Nikah of the plaintiff
Mst. Afsheen with defendant Muhammad Imran, stands dissolved
subject to withdrawal of Haq Mahar. However, the decree would be
effective after expiry of appeal period. Let such decree be prepared
and copy of the same be sent to the Administrator/Chairman of union
council concerned.
So far as the claim of the plaintiff is concerned, the
defendant is duty bound to maintain the plaintiff consequently the suit
of the plaintiff in respect of her maintenance is decreed. The plaintiff
has not disclosed the status of the life style of the defendant and
looking to the life style of a common human, the defendant is directed
to pay Rs.1500-00 per month to the plaintiff w.e.f 24-8-2010 till iddat
period.
So far as the claim of the plaintiff in respect of dowry
articles is concerned, the plaintiff has produced the list of dowry
articles which does not bear the signature of the defendant nor it
contains the signatures of the witnesses of the marriage or Nikah, as
provided by rule 4(1) and (2) of the Dowry & Bridal Gifts
(Restriction) Rules 1976. the plaintiff has also failed to examine the
author of the receipts who may come to depose in favour of the
plaintiffs father that he ever purchased the items as disclosed in the
receipts, the plaintiff has also failed to examine any witness who may
support her version that her parents ever gave dowry articles to the
plaintiff and even the plaintiffs father did not come before this court
to support the plaintiffs version that he ever gave dowry articles to
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the plaintiff, consequently the suit of the plaintiff in respect of dowry

articles is hereby dismissed.
Announced in the open court
Given under my hand & Seal of this court
This the 17th day of April 2012

(Miss Salma Bano Phulpoto)

Civil & Family Judge, Sukkur