Tuesday, 12 February 2019
RESTITUTION OF CONJUGAL (MARITAL) RIGHTS
Q1. Draft a plaint in a suit for restitution of conjugal (marital) rights AND a. Draft a written statement on behalf of the defendant in the above suit. OR
Q2. Mehnaz has deserted (gone away) her husband namely Akram and is not willing to rejoin him. Akram wants to institute a suit for the restitution of conjugal rights. Draft plaint for him.
IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
Family Suit No, 987/2007
_________________ Son of___________________ R/o ______________________________________
District________________
Plaintiff
VERSUS
_________________ Son of___________________ R/o ______________________________________
District________________________
Defendant
SUIT FOR THE RESTITUTION OF CONJUGAL RIGHTS
It is respectfully submitted as under,
1. That the Plaintiff and the defendant were married at _______________ on the 14th day of October
2005 in accordance with Muslim rites. A copy of Nikkah Nama is attached with this suit.
2. That the defendant lived with the plaintiff an amicable life for two years after the marriage but four months ago she went away to her parent's house at _______________ on the pretext to attend a marriage in her relatives,
3. That inspite of repeated requests by the plaintiff, the defendant has refused to return to the plaintiff’s house and to perform her marital (conjugal) duties and obligations. Hence this instant suit.
4. That the cause of action arose firstly on four months ago when the defendant went away from plaintiffs house and secondly and finally yesterday when the defendant flatly refused to come back to the plaintiffs house.
5. That the plaintiff and defendant are permanent residents of Lahore and the cause of action arose at ________________, therefore Civil Courts of_______________ have the jurisdiction to decree this suit.
6. That the valuation of this suit for the purposes of Court fee and jurisdiction is hereby fixed at Rs, 400/- therefore, no Court fee has to be affixed on this plaint.
In view of the above it is respectfully prayed as under,
=> PRAYERS:
i. A decree may kindly be passed in favour of the plaintiff and against the defendant directing the defendant to return back to the plaintiffs house and perform her marital (conjugal) obligations and duties towards the plaintif.
ii. Costs may also be awarded to the plaintiff.
iii. Any other relief deemed possible by this honorable court may also be granted.
Plaintiff
=>VERIFICATION
Verified on oath at _______________ on this 20th day of August, 2007 that contents of paras 1-3 are correct to the best of my Knowledge and rest are correct to my information and belief.
WRITTEN STATEMENT IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
In re________________________ VERSUS_______________________
(Suit For Restitution of Conjugal Rights)
It is submitted as under,
PRELIMINARY OBJECTIONS
That the defendant never wished to leave the house of the plaintiff but after two years of marriage, the
plaintiff grew cruel to her. The plaintiff used to harm and beat the defendant and his conduct was toot tolerable by the defendant. Also the plaintiff became addict to intoxicants and other bad habits.
ON MERITS
1. Admitted.
2. Denied: During first two years of the marriage, attitude of the plaintiff was fair and good with the defendant and then he went cruel to the defendant, therefore, the defendant was forced to leave the house of the plaintiff without her will.
3. Denied: The plaintiff never requested the defendant to rejoin the plaintiff and to return back to the plaintiff’s house.
4. Legal
5. Legal
6. Legal
In view of the above, it is respectfully prayed as under,
=> PRAYERS:
I. The 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 14th day of September 2007, that the contents of this written statement are true and correct to the best of my information and belief.
Defendant
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