SUIT FOR RECOVERY OF ARTICLES OF DOWER (DOWRY ARTICLES)
IN THE COURT OF JUDGE FAMILY COURT, RAWALPINDI
Mst. XYZ daughter of XYZ wife of XYZ, resident of House No. 100. Street No 200, Block V, Satellite Town, Asghar Mall Scheme,Tehsil And District Rawalpindi.
Plaintiff
Versus
XYZ son of XYZ , resident of House No. 555, Street 333, Block V, Satellite Town, Asghar Mall Schemes,Tehsil And District Rawalpindi.
Defendant
SUIT FOR RECOVERY OF ARTICLES OF DOWER
(DOWERY ARTICLES)
Respectfully sheweth:
1. That Nikah of Plaintiff was sermonized with Defendant on 25.09.2003 at Rawapindi in accordance with Muslim Personal Law of Shariah. The Nikah was duly registered with the Nikah Registrar in the record of Municipal corporation, Rawalpindi.
2. That Rs.100,000/- was fixed as Prompt Dower payable on demand.
3. That gold ornaments weighing 12 tolas were gifted to Plaintiff by defendant at the time of Nikah which was agreed to be the belonging of the Plaintiff and this fact was duly recorded in column No 17 of the Nikah Nama.
4. That it was further agreed at the time of Nikah that in case of Nachaqi, the Defendant would provide Rs.3000/- per month as maintenance to the plaintiff.
5. That Rukhsti was took place on 12.11.2004. a day before Rukhsti, the articles of dowry were taken by defendant. The details of articles of dowry have been given in the annexed list.
6. That the parties lived together as spouses in the house of the defendant and performed their marital obligation.
7. That the attitude of the Defendant and his other members of the family was cruel towards the Plaintiff. They treated the Plaintiff as their servant and they kept the Plaintiff continuous mental and Physical torture. The Plaintiff was given beating on petty house hold matters.
8. That the atmosphere of Defendant’s house was not good. Two of the brothers of the Defendant are addict to heroin and other narcotics. They used to live in a room just opposite of the room of the Plaintiff. The said brothers always created a bad atmosphere in the house and the Plaintiff was constrained to keep herself into her room. She could not live freely in the house. They used to quarrel with the Plaintiff and other family members of the Defendant. The Plaintiff always apprehend the loss of her modesty from the hands of the brothers of the Defendant.
9. That in spite of said difficulties the plaintiff continued to stay in the house of defendant with the hope that the defendant would get the said atmosphere in order but he instead of changing the atmosphere and their attitude started misbehaving with the Plaintiff. When the Plaintiff was pregnant she was sent to the house of her parents for the delivery of kid/child. The Plaintiff remained in the house of her parents for about three months where she gave birth to a son namely Kashif Ali. All the expenses of the delivery were born by the parents of the Plaintiff.
10. That after the birth of the child, the defendant promised that he would change his attitude and would improve the atmosphere of his house. On the said promise the Plaintiff abode with him in his house but the things could not be changed and the Plaintiff was again forced to live the same life. She became seriously ill. Her second pregnancy was abolished due to physical torture of the defendant and his family. She was sent back to her parents house in wearing three clothes. When she was seriously ill the parents of the Plaintiff provided medical treatment and her health was restored because of timely treatment.
11. That for the last five months, the Plaintiff is living with her parents together with minor. The defendant has not provided any maintenance to plaintiff and his minor child.
12. That the parents of the Plaintiff made attempts to reconcile the matter but the conduct and the attitude of the defendant is not above board and the matter could not be dissolved.
13. That the plaintiff asked the defendant to return the above said articles of dowry or to pay the value of the same to the plaintiff as there is no chance of reunion between them, but he is adamant.
14. That the parties are putting up at Rawalpindi, where the cause of action accrued, hence this Honorable Court has a Jurisdiction.
15. That the prescribed court fees has been fix on the plaint.
Prayer:
It is, therefore, respectfully prayed that a decree for recovery of articles of dowry mentioned in the annexed list or in alternative the value/cost of the said articles amounting to Rs 350,000 may graciously be passed in favour of the plaintiff as against the defendant with cost.
Through:-
Name of Advocate / Lawyer
Advocate High Court
Verification
Verified on oath, at Rawalpindi this----- day of 2014 that the contents of Para 1 to 7 are true to the best of my knowledge and belief and rest of the information received.
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