IN THE COURT OF SENIOR CIVIL JUDGE/JUDGE FAMILY COURT, ISLAMABAD(EAST)
Family Suit No._______/2025
Anmol wife of Abdullah resident of Ghauri Phase III P.O Khas Gangal House no.403 Street
no.17, Islamabad
Dua daughter of Abdulllah resident of Ghauri Phase III P.O Khas Gangal House no.403
Street no.17, Islamabad
………. Plaintiff
Versus
Abdullah Son of Yar Muhammad resident of P.O Khas Ganga Mahalla Foqra Toheed Abad,
Tehsil Topli District Sawabi
………Defendant
SUIT FOR RECOVERY OF MAINTENANCE, DOWER AND DOWERY ARTICLES
Respectfully Sheweth:
That the plaintiff No.2 is minor in captioned suit and filing this suit through her real mother
(Plaintiff No.1) who being natural guardian having no adverse interest against his minor.
That, the marriage of the plaintiff No.1 was solemnized with the defendant on 12.01.2023
according to Muslim rites and provisions of Muslim Family Law Ordinance 1961 against a
dower consisting upon gold ornaments weighing 2 Tolas and 5 Marla dwelling house
situated at the native abode of defendant at Mahalah foqra Toheed Abad, Tehsil Topli ,dist..
Swabi.
That out of this wedlock the parties were blessed with minor daughter namely Dua was
born on 20-08-2024 who is presently residing with the plaintiff No.1 and being brought up
by her.
That at the inception of the marriage matrimonial relationship between the parties
appeared cordial, and the Defendant displayed affectionate and respectful behavior
towards Plaintiff No. 1.however with the passage of time, the Defendant's demeanor
changed significantly. He began to regularly subject Plaintiff No. 1 to physical torture.
Differences cropped up leading soon emerged between the parties, and the Defendant
being avaricious, uncivilized, aggressive, voracious, and of short temperament exhibited a
drastic change in his attitude. In league with his family members, he subjected Plaintiff No.
1 to continuous mental agony and emotional distress. As a result of which the Plaintiff No.
1 was unable to enjoy a peaceful or harmonious marital life.The Plaintiff tolerated the
abuse with patience to protect her matrimonial life.
That initially, Plaintiff No. 1 was given 2 tolas of gold ornaments in the shape of dower (Haq
Mehr) by the defendant and additionally received 1 tola of gold in the shape of ornaments
from her parents as a gift. In accordance with common practice in Pakistani society, the
Defendant’s mother (Plaintiff No. 1's mother-in-law) took custody of all three tolas of gold,
assuring Plaintiff No. 1 that she would keep them safe. Relying on this assurance and in
keeping with prevailing social customs, Plaintiff No. 1 entrusted the gold to her mother-in-
law. However, despite several requests, the said gold has not been returned to Plaintiff No.
1.
On 3.04.2025, the Plaintiff No. 1 was subjected to severe physical and verbal abuse by
defendant and by her in law who ultimately expelled her from the matrimonial home,
sending her away with nothing but the clothes she was wearing.
That as per column no. 16 of the Nikkahnama, a house comprising of 5 Marla as mentioned
in para no.2 was given to the plaintiff No.1 but neither the said house was transferred in
plaintiff favor nor the possession to the plaintiff No.1, despite of the fact that the said
house is the significant emolument of marriage and it was to be given to her as part of the
Nikkahnama.
That the minor is entitled to the same under the law, and the Defendant, as the father, is
legally obligated to provide the same, but the defendant has refused to do so, leaving the
Plaintiff to bear the responsibility of the child’s upbringing upon the folk of plaintiff side.
That the plaintiff has been left destitute and is currently residing with her parents. The
defendant is Neither providing maintenance to the plaintiff nor to her minor son, in
violation of his legal and Islamic obligations.
That Plaintiff No. 1 is entitled to claim past maintenance at the rate of Rs. 50,000/- per
month from the date she was expelled from the matrimonial home, i.e., 3.04.2025 till her
legal entitlement. In addition, Plaintiff No. 2 (the minor son) is entitled to maintenance at
the rate of Rs. 50,000/- per month from the said date onward, with 10% annual
enhancement. It is worth mentioning that Plaintiff No. 2 is currently under the care of the
parents of Plaintiff No. 1, who, despite limited financial resources, is bearing all expenses
related to the child’s upbringing. These are responsibilities that lawfully rest on the
shoulders of the Defendant, who has failed to fulfill them.
That the Defendant is self-employed in the construction business and earns a stable
monthly income ranging from Rs.150,000 to Rs.2,00,000. Hence, he is financially stable of
bearing the expense of the Plaintiff and their minor child, by fulfilling his legal obligations,
including the payment of dower (Haq Mehr), return of dowry articles, and handing over
possession of the house as mentioned in the Nikkahnama.
That it is worthwhile to submit that, at the time of marriage ceremony, the parents of
plaintiff No 1 also gave the dowry articles to her, the detail of which has been fully
described into attached list with the instant plaint. The dowry articles have been retained
in the house of defendant and that was being utilized by defendant and his family
members.
That the Plaintiff, despite facing severe mistreatment and deprivation, has always
expressed a willingness to continue in the marital relationship and live with the Defendant
as his lawful wife. However, the Defendant has shown complete reluctance to resume
conjugal relations and has persistently refused to provide the Plaintiff with her rightful
place in the matrimonial home. The Defendant’s actions have caused grave emotional and
psychological distress to the Plaintiff, as she has been deprived of her conjugal rights
without any reasonable justification, further violating the sanctity of the marriage.
That the cause of action firstly arose, when the Defendant first revealed his true character
by treating the Plaintiff in a cruel and disrespectful manner, physically torcher plaintiff no.1
thus exposing his real intentions. Secondly, the cause of action further accrued when the
Defendant parents on 3-04-2025 unjustly expelled the Petitioner from the matrimonial
home, leaving her without any support or shelter. Lastly, the cause of action is rooted in
the Defendant's continued refusal to fulfill his legal and moral obligations by denying the
Petitioner her rightful maintenance, dower, and dowry articles, which he is bound to
provide. These actions continue to this day, forming the basis for the institution of this suit.
That the suit is within time and jurisdiction of this Honorable Court as the petitioner is
residing within its territorial limits.
That the court fee is attached as per law with the plaint.
PRAYER:
In view of the above mentioned circumstances, it is respectfully prayed that this Honorable
Court may kindly be pleased to pass the following relief:
a)A decree of dower in respect of house in term of marriage emoluments by handing over
its possession as mentioned in para no.2 of plaint along with gold ornaments (3 tolas) as
mentioned in para no.5 or its Equalnet price for the time being enforced.
b) a decree for maintenance to pay Rs. 50,000/- per month as plaintiff No:1 as arrears
since time of maintenance RS 50,000/- per month from desertion i.e. 3.04.2025 till the
decision of the suit and continue future maintenance on monthly basis;
c)A decree for Dowry Articles as per list attached or as its alternate market value as per
prevailing rates.
Any other relief deemed just and proper may also be granted.
Plaintiff
Through Counsel
Ch. Hafeez Ullah Yaqub
Advocate Supreme Court of Pakistan
Tauqeer Ahmed Raja
Advocate High Court
VERIFICATION:
Verified on this 9th day of MAY 2025, at Islamabad that the contents of Paragraphs No. 1 to
16, of the Plaint are true and correct to the best of my knowledge and belief and those of
the remaining are believed to be correct and verified as such according to the information.
PLAINTIFF
CERTIFICATE:
It is certified that the subject matter or material issue raised in the instant suit has never
ever been issued in any suit between the same parties or between the parties under whom
they or any of them claim litigation under the same title before a court of competent
jurisdiction, directly or indirectly. It is further certified that the subject matter or material
issued raised in the subject suit never ever came up before Honorable High Court or
Honorable Supreme Court of Pakistan.
PLAINTIFF
