RECOVERY OF DOWER MONEY ~ Balochistan Law Forum

RECOVERY OF DOWER MONEY

PART-1

Q. Draft a plaint for recovery of dower money? A. Draft a written statement in the above suit taking plea that the dower money was fully waived by the plaintiff?

PLAINT

IN THE COURT OF FAMILY JUDGE LAHORE

(SOME SPACE LEFT FOR AFFIXATION OF Rs 15/-)

______________ Daughter of ______________ R/o ________________________________ District______________

Plaintiff

VERSUS

______________ Son of ______________ Caste ______________ R/o ______________ ______________District______________

Defendant

(SUIT FOR RECOVERY OF DOWER MONEY Rs. 50,000/-)

It is respectfully submitted as under,

1. That the plaintiff was married to the Defendant on 1st September, 2001 in consideration of a prompt dower of (Rs. 50,000/-) according to the Muslim rites. A copy of Nikkah Nama "is attached to this suit.

2. That after the marriage/ plaintiff and defendant lived, a happy life but thereafter the defendant went cruel towards plaintiff and turned her out of doors.

3. That since the plaintiff has been making repeated demands for the payment of her prompt dower i.e. Rs. 50,000/- which was fixed at the time of the marriage but the defendant has flatly refused to pay the money and demands, Hence this suit.

4. That the cause of action arose against the defendant firstly on 15.09.2001 when the plaintiff was married with defendant and secondly when the defendant turned out the plaintiff of doors and lastly and finally on 18th August, 2003 when the defendant flatly refused to pay the dower money to the plaintiff.

5. That the marriage was performed at ______ and both the plaintiff and defendant resides in ______ therefore, the Civil Courts of ______ have the jurisdiction to decree this suit.

6. That the valuation of the suit for the purposes of Court fee and jurisdiction is Rs. 50,000/-. Therefore, Court fee tickets of Rs. 15/- is affixed on the plaint, which is prescribed Court fee to be affixed with this suit.

In view of the above it is prayed as under,

=> PRAYERS:

1. A decree for a sum of Rs. 50, 000/- may kindly be passed in favour of the plaintiff and against the defendant.

2. Costs of this suit may also be awarded to the plaintiff.

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

PLAINTIFF

__________________

THROUGH COUNSEL,

Mr, ______________

=> VERIFICATION:

Verified on oath at Lahore on this 18th day of August, 2003 that the contents of the paragraphs 1 to 3 are true to the best of my knowledge while rest of paragraphs No 4 to 6 are correct to my information and belief.

PLAINTIFF

PART-2

Q. Shahida and Daud were married in consideration of Rs. 50,000/- as prompt dower. She made several demands but to no effect. File a suit for recovery of her dower money? A. Write a Written Statement on behalf of Daud in the forgoing question?

Q. No. 4 Razia & Munir were married in accordance with Muslim rites. A sum of Rs. 50,000/- which was affixed as prompt dower which remained unpaid. Subsequently, Razia was divorced by Munir. Draft a plaint for Razia in a suit for recovery of dower money. A. Draft a written statement on behalf of Munir to the above plaint.

WRITTEN STATEMENT (REPLY)

IN THE COURT OF Mr. _____________________ JUDGE, Ist CLASS, _____________________

Plaintiff______________

VERSUS

Defendant______________

SUIT FOR RECOVERY OF DOWER MONEY Rs. 50.000/-

(PARAWISE REPLY ON BEHALF OF THE DEFENDANT)

It is respectfully submitted as under,

=> PRELIMINARY OBJECTIONS:

1. The facts narrated in the plaint by the plaintiff are not correct and true and the plaintiff has tried to mislead the Court by the concealment of facts. The dower money Rs. 50,000/- alleged to be paid by the defendant to the plaintiff was paid to her after six months of the solemnization of the marriage. Therefore no cause of action arises against the defendant.

=> ON MERITS:

1. Admitted, The plaintiff and defendant were married on the same date mentioned in the plaint by the plaintiff and also admitted that the marriage was solemnized and dower money of Rs. 50,000/- was fixed which was prompt in nature.

2. Denied. The defendant never went cruel to the plaintiff. The defendant fulfilled all the obligations towards him.

3. Denied. The prompt dower money Rs. 50,000/-was paid to the plaintiff after six months of the solemnization of marriage, therefore, no cause remains to demand dower money from the defendant.

4. Legal.

5. Legal.

6. Legal.

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

PRAYERS:

1. This suit may kindly be dismissed.

2. Costs of this suit may also be awarded to the defendant.

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

DEFENDANT

THROUGH COUNSEL,

____________________________

=> VERIFICATION:

Verified on oath at Lahore this 10™ day of September 2003 that the contents of this Written Statement are correct to the best of my knowledge and belief.

DEFENDANT