SUIT FOR MAINTENANCE ~ Balochistan Law Forum

SUIT FOR MAINTENANCE

Q. Naureen has been turned out by Hamid Bhatti, her husband, from his door. Plaintiff completely neglected and has not been paid any maintenance allowances by her husband. Draft a plaint on behalf of Naureen in a suit for recovery of maintenance against Majid Bhatti, her husband? A. Draft a written Statement on behalf of Hamid Bhatti in the above suit? OR

Q. Aslam has turned out Razia, his wife from his house and has completely neglected her without any just and lawful excuse. He is not paying her any maintenance allowance. Draft a plaint on behalf of Razia in the suit for recovery of maintenance? A. Draft a Written Statement on behalf of defendant in the above suit?

PLAINT

IN THE FAMILY COURT, LAHORE

Family Suit No 123/05

____________________ S/O ______________________ Tem R/O _____________________________

Per R/O_____________________________ District_____________________________

Plaintiff

VERSUS

____________________ S/O ______________________R/O __________________________________

District____________________________

Defendant

SUIT FOR RE-RECOVERY OF MAINTENANCE

It is respectfully submitted as under,

1. That the plaintiff and defendant were married on 01 08 2002 according to the Muslim rites and in consideration of prompt dower of Rs 50,000/¬

2. That the defendant remained fair with the plaintiff and fulfilled all his financi?! obligations towards the plaintiff for initial two years of the marriage, but after the said period the defendant went cruel to the plaintiff and used to beat her. Also he turned out the plaintiff from his house.

3. The defendant runs a general store and his monthly income is Rs 30,000/- out of which he can easily pay Rs. 15000/- as maintenance to his wife plaintiff.

4. Now the plaintiff is residing with her parents in their house situated ____________________

5. That several demands have been made to the defendant to pay the maintenance to her wife/plaintiff, but he has turned a deaf ear to the same and flatly refused to fulfill all his obligations towards her wife/plaintiff. Also he is harassing the plaintiff by one way or the other with the help of her parents.

6. That the cause of action arose firstly on 01.08.2002 when the plaintiff and defendant were married secondly on 01 09 2005 when the defendant ousted the plaintiff from his house and thirdly and finally a week ago when the defendant flatly refused to pay maintenance of his wife/plaintiff.

7. That the plaintiff and defendant reside at ___________________________ therefore Family Courts of_________________________ have the jurisdiction to try this suit.

8. That since this suit is a family suit therefore, the court fee tickets of Rs 15/- has been affixed on the plaint.

In view of the above it is respectfully prayed as under,

=> PRAYERS:

I. A decree of maintenance allowance of Rs 15,000/- may kindly be passed in favour of the plaintiff and against the defendant.

II. Any other relief deemed possible by this Honorable Court may also be granted.

Plaintiff

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ___________________ on this 7th day of October 2005 that para 1 to 5 are correct to the best of my knowledge and those of paras 6 to 8 are true to the best of my information and belief.

Plaintiff

(WRITTEN STATEMENT)

IN THE FAMILY COURT, LAHORE

In Re: _____________________________ VERSUS _______________________________

(SUIT FOR RERECOVERY OF MAINTENANCE)

WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT:

It is respectfully submitted as under,

1. Admitted

2. Denied: The defendant always remained fair with the plaintiff and fulfilled all his obligations towards the plaintiff according to his financial conditions. The defendant never turned out the plaintiff from his house. Instead she, with her own free will left the house of the defendant and went to the house of his

parents. The defendant neither used to beat the plaintiff nor he harassed or humiliated her.

3. Admitted to the extent that the defendant runs a general store but denied to the extent that the income of the defendant is Rs 30/000/-. Fact is that the defendant earns an amount of Rs 10,000/- therefore he is unable to pay Rs15000/-to the plaintiff as her maintenance allowance.

4. Not concerned

5. Denied: No demand was made to the defendant by the plaintiff as the plaintiff left the house of the defendant with her own free will and the defendant never forced her to leave. The defendant is ready to bear all her expenses if she returns back to the home of her husband/defendant.

6. Legal

7. Legal

8. Legal

In view of the above it is respectfully prayed as under,

=> PRAYERS:

I. This suit may kindly be dismissed.

II. Heavy costs may also be awarded to the defendant.

III. Any other relief deemed possible by this Honorable Court may also be granted.

Defendant

THROUGH COUNSEL,

_________________________________

=> VERIFICATION:

Verified on Oath at ___________________ on this 16th day of November 2005 that the contents of this suit are true according to my belief and knowledge.

Defendant