IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY

COURT, PESHAWAR
Family suit No._________2024

Nageena D/o Abdul Qayyum R/o Islamia College Peshawar, Professor Houses,
servant quarter of Bungalow No. A: 16 Near Usmania Masjid Peshawar.

………………………………………….(PLAINTIFF)

VERSUS

Said Ali Shah S/O Sakhawat Shah R/o Rustam Road, village Saeed Abad, Tehsil
Mardan , District Mardan

…………………..(DEFENDANT)

Suit for:

A. Dissolution of marriage,
B. Recovery of Dower:-
i. Half Tola Gold ornaments
ii. Possession of 2.75 Marla share in house of defendant measuring 5 ½
Marlas as agreed upon by the defendant in the kabin nama/iqrar nama
executed on 29.08.2017 or its market value.
C. Recovery of maintenance allowance at the rate of Rs 10,000/- per month payable in
cash w.e.f March 2021 for the plaintiff till her period of iddat, unconditionally.
D. Recovery of medical expenditure incurred on plaintiff’s and defendant’s son-
Yousuf after the birth of plaintiff’s and defendant’s late son- Yousuf as to his
upbringing and treatment of a fatal disease-leukemia and storage disorder resulting
in his death.

True copies of the Nikah Nama, Nikah Registration certificate and Kabin Nama/iqrar
nama are enclosed herewith to be a part of the plaint marked “A”, “B” and “C”
respectively.

Value for the purpose of court fee and jurisdiction is Rs. 15/Affixed

Cause of action accrued to the Plaintiff within the jurisdiction of this Hon’ble
court against the defendant when the Defendant took Plaintiff to her parents’
house against her will and denied to pay dower and maintenance to the plaintiff.
RESPECTFULLY SHEWETH:

1. THAT the plaintiff is a sensible lady and hails from a respectable family.
Likewise, the plaintiff is a pious and a religious woman.
2. THAT the plaintiff is currently residing at her parents’ house at the address
mentioned above.
3. THAT the marriage of the plaintiff with the defendant took place on 5.2.2014 at
Mardan in accordance with the Muhammadan law. The nikkah was duly registered
according to the Muslim Family Law Ordinance, 1961 with the registrar of
Nikah, Saeed Abad PK-25, Town council Shahbaz Garhi, Tehsil Mardan, District
Mardan. After rukhsati/ Consummation, the Plaintiff was taken to the house of
Defendant, paternal cousin of the plaintiff, situated at Rustam Road, village Saeed
Abad, Tehsil Mardan , District Mardan.
4. THAT at the time of Nikkah, 1 Tola Gold was fixed as Prompt Dower in Nikah
Nama out of which half tola has been given to the plaintiff while the rest is due.
Also, the Defendant has, by deed in writing vide dated 7.8.2017, agreed to give 1
tola Gold ornaments and his Legal Shari Share in the house owned by father of the
defendant as dower to the plaintiff which is 2.75 Marlas out of a total 5 ½ Marlas
as dower to the plaintiff, situated at Rustam Road Village Saeed Abad Tehsil and
District Mardan.

5. THAT after marriage, the plaintiff and defendant started living together happily
but with the passage of time the behavior of defendant with plaintiff got strained,
and the defendant would frown upon on petty matters over the plaintiff.

6. THAT after wedlock, the plaintiff and defendant were blessed with twins on
12.4.2020 and all the medical expenses were borne by the defendant. However,
one of the twins succumbed to weakness and died few days after his birth. Copies
of Birth certificate is marked as annexure “D”.

7. THAT the Defendant, after death of one of the twins, took the plaintiff to her
parents’ house on the pretext that the only living child namely Muhammad Yousuf
is weak and the in-laws at plaintiff’s house would look after his upbringing in a
better way.

8. THAT the defendant would send Rs 2000/- as maintenance to the plaintiff and
their child- Muhammad yousuf, but after 3 months the defendant stopped
maintaining the plaintiff and his child.

9. THAT the plaintiff and her father left no stone unturned to reach the Defendant
for payment of maintenance to the well-deserved plaintiff and Muhammad
 Yousuf, the only child of Plaintiff and Defendant. Luckily, the plaintiff and her
father succeeded in and contacted time and again with the Defendant, but he
would always turn a blind eye at their requests in regard to maintenance of
plaintiff and their only child.

10. THAT the parents of the plaintiff, being traditional Pathans, left no stone
unturned to save the house of the plaintiff from calamity and Humiliation.
Consequently after 10 months of continued struggle, the plaintiff went to her
husband’s house and started living with him. However, within few days,
Muhammad Yousuf was diagnosed with a rare fatal disease- leukemia and storage
disorder. Finding it as an excuse, the Defendant again compelled the Plaintiff to
leave his house and move to her Parents’ house so that Muhammad Yousuf is
treated properly leaving plaintiff to stressful and anxious life at the hands of
Defendant and his family. Medical record of the Fatal disease and its treatment is
collectively marked as annexure “E”.

11. THAT the Plaintiff was forcefully compelled to move to her Parents’ house where
the plaintiff started treatment of Muhammad Yousaf solely in march 2021.

12. THAT the Plaintiff continued the treatment of Muhammad Yousuf for almost one
and half year at the expense of her father but the disease was so fatal that the infant
succumbed to its complications and died on 4.10.2022. Death Registration
Certificate is marked as annexure “F”.

13. THAT after the defendant expelled his wife from his house, he never ever
bothered to ask about the health of their deceased child who was at verge of death
due to a fatal disease. Likewise, after the death of their child-Muhammad
Yousaf(late), the defendant, till date, neither came for his funeral prayers nor even
cared to ask about his death or plaintiff’s conditions leaving her/ the plaintiff at
misery.

14. THAT from March 2021 till date, the Defendant neither paid maintenance to the
plaintiff nor the medical expenses of their Late child- Muhammad yousuf despite
the plaintiff’s and her parents’ requests. Likewise, the defendant also denied to pay
the remaining dower as agreed upon by the defendant.
15. THAT The cause of action has arisen to the plaintiff within the limits of the
jurisdiction of this Hon’ble court.

It is, therefore, respectfully prayed that on acceptance of the plaint, the Hon’ble
Court may be pleased to grant her decree against the defendant for: -
 1.1. Dissolution of marriage,
1.2. Recovery of Dower:-
a) Half Tola Gold ornaments.
b) Possession of 2.75 Marla share in house of defendant measuring 5 ½ marla
as agreed upon by the defendant in the kabin nama/ Iqrar Nama executed on
29.8.2017 or its market value.
1.3. Recovery of maintenance at the rate of Rs 10,000/- per month w.e.f March 2021 for
the plaintiff till her period of iddat.
1.4. Recovery of medical expenditure incurred on plaintiff’s and defendant’s Late son-
Muhammad Yousuf after the birth of plaintiff’s and defendant’s late son,
Muhammad Yousuf, as to his upbringing and treatment of his fatal disease-
leukemia and storage disorder resulting in his death.

Plaintiff
Through
Ubaid Ur Rehman & Muhammad Hassan
Dated Advocates,Peshawar.

VERIFICATION.

The contents of paragraphs 1 to 13 of the plaint above are true and correct to the
best of my knowledge and belief. The contents of paragraph 14 are verified to be correct
to the best of the information imparted to me and verily believed to be true.

Verified on Oath at Peshawar this day of January, 2024.