IN THE COURT OF LEARNED SENIOR CIVIL JUDGE/

JUDGE FAMILY COURT, RAWALPINDI

abc son of Muhammad Safdar Khan resident of ---
…Plaintiff
Versus
xyz, wife of abc, daughter of xyz, resident of ---
…Defendant
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS AND
RECOVERY OF 11 TOLA GOLD TAKEN BY DEFENDANT
FROM PLAINTIFF’S HOUSE
Respectfully Sheweth,
1. That the plaintiff was married with the defendant on 11 Dec
2022 at Rawalpindi according to the tenets of Islam and Muslim
Family Law Ordinance 1961 in lieu of 8 Tolas of gold and five
lacs rupees as dower which was paid at the event of Rukhsati.
(Nikah Nama is annexed with the plaint as Annexure – A
and Copy of gold receipts are annexed with the same as
Annexure - B)
2. That it was arranged marriage in fact and the defendant got
married with the plaintiff with her guardians/family’s free will,
consent and without and duress.
3. That plaintiff is a software engineer by profession and has a
good job with handsome salary package at a well reputed
organization, due to which the family/guardians of defendant
became agree for their marriage.
4. That the plaintiff has very much love & affection towards
defendant and always acted as per her whim and wishes but
defendant secretly, without informing the plaintiff started the
process of immigration/visa for Canada and started
blackmailing the plaintiff to left the parent’s house, go with her
to Canada from Pakistan, bear all expenses over all such
process, took all his share from inheritance/ parent’s property
otherwise and settled with her at her whim and wish otherwise
she will not stay with him and will publically defame him that he
is allegedly impotent.
5. The plaintiff tried his best to convinced the defendant to live with
him at his home and shown his willingness to provide separate
accommodation to the defendant, however, all efforts for
continuation of relationship gone in vein. Ironically, the
defendant left the house of plaintiff on 05 June 2024 and took
all gold ornaments weighing 11 Tola with her while leaving the
plaintiff’s house, without informing the plaintiff
6. That at the time when the defendant took aforementioned gold
ornaments from plaintiff’s house, other family members
including parents of plaintiff were present and are eye
witnesses of the event. They inquired the defendant that why
she is taking all gold, on which she replied and gave
unsatisfactory statement that there is wedding function in her
family, so, she has to wear all these ornaments. The parents
and family of plaintiff believed and deemed her lame excuse to
be true. However, they came to know all about the facts that
she has made a false statement and only pretended just to gain
 and extort the valuables i.e. gold ornaments of weighing 11
Tolas and to blackmail the plaintiff to move with her to Canada.
7. That without the permission of plaintiff, such act of the
defendant falls within the ambit of theft which is punishable
under the law of Pakistan Penal Code, 1860 as the said
ornaments were not belong to defendant and she has taken this
from a locked safe which was accessible to her due to being a
family member. After, reaching her parent’s house, defendant
started accusing the plaintiff, blackmailed him and leveled false
and frivolous allegations of impotency against the plaintiff.
8. That this news was shocking for the plaintiff as well as his
family. All elder family members were approached to the
defendant family on this serious allegation and it was agreed
between both families that medical test of plaintiff to ascertain
his impotency should be conducted. The bother of defendant
Mr. Usman Malik was accompanied with the plaintiff at the
hospital. The same was held at Shifa International Hospital,
Islamabad, wherein, the medical officer declared the plaintiff
physically healthy and medically fit. (Medical Report is
annexed with the plaint as Annexure – C)
9. Despite this serious allegation and defamation of plaintiff before
his friends, family members and neighbors, the plaintiff is and
was willing to save their relationship and several times, he tried
to bring the defendant to his house for ABADI. However, the
defendant refused due to her stubborn behavior.
10. That the defendant is and was living with at her parent’s house
at her will and whim, even then the plaintiff always supported
her beyond his personal capacity and always provided her
 maintenance. (Statement for transfer of money is annexed
as Annexure –D)
11. That bundle of lies, negative propaganda and false and
frivolous allegations were leveled by the defendant and her
family, however, the plaintiff has ignored all these facts for the
time being just to save their relationship.
12. That the plaintiff requested the defendant’s guardians i.e her
uncle Mr. Hamid Malik and defendant’s brother and other family
members to allow her to go with the plaintiff but he not only
refused to hear the legitimate request of the plaintiff rather
forcibly restrained the defendant without any legal justification,
hence this suit.
13. That the defendant is bound under legal, moral and social
obligation to perform her conjugal rights in accordance with the
Sharia with the plaintiff and the plaintiff for the sake and honor
of her matrimonial life, bonafidely seeks to ABAD the defendant
but the defendant and her family are not willing for ABADI of the
defendant without any rhyme and reasons.
14. That the defendant is duty bound to live with the plaintiff during
the subsistence of the marriage and she cannot deny the rights
of her husband.
15. That after this, the plaintiff made hectic efforts even through
Jirgas of elder family members to bring the defendant in his
house but all in vain due to the stubborn attitude of the
defendant’s guardians i.e her uncle and brother.
16. That the plaintiff has love and affection with the defendant from
core of his heart and is willing to keep intact the matrimonial
 bond between the parties and seeks the defendant to return
back to his house.
17. That the cause of action firstly accrued when the defendant left
plaintiff’s house and when the plaintiff family approached her,
the brother of the defendant forcibly restrained the defendant to
perform the marital obligations with the plaintiff at his house and
finally the defendant on the behest of her father and her family,
refused to perform the marital obligations, which is still
continuing.
18. That the parties are residents of Rawalpindi, so this learned
Court has the Jurisdiction to entertain this suit.
19. That the prescribed Court fee has been affixed with the plaint.

PRAYER
In view of above, it is humbly prayed that a decree for restitution of
conjugal rights may kindly be passed in favor of the plaintiff and
defendant be, directed to join the plaintiff and perform her matrimonial
obligation as per law and injunctions of Islam.

Moreover, it is very respectfully prayed that defendant may be directed

to bring all the gold ornaments weighing 11 Tola Gold, give back to the
defendant in the presence of witnesses.

Any other relief, which this Honorable Court may deem just and proper
may also be awarded.

Plaintiff
Through

nally.
 The contents of the Plaint have
been read over and explained to the Deponent in Urdu too and he/she
seems to be understood the same and set his/her signature/thumb
impression.

COMMISSIONER FOR TAKING AFFIDAVITS