BEFORE HONORABLE CIVIL & FAMILY JUDGE No I T M Khan Family Suit No. of 2011.
Mst : Khalida ……. ………… …………………………….…………… PLAINTIFF
Mst : Khalida ……. ………… …………………………….…………… PLAINTIFF
VERSUS
Nadir ali ……………….. ……………………….……..……………………DEFENDANT
AFFIDAVIT IN EXPARTE PROOF
I, Mst: Khalida D/O Ahmed Bux, Adult Muslim by Caste Kolachi, R/O Khuda Bux Kolachi, Taluka & District Tando Muhammad Khan, do hereby state, on oath as under:-
1. That I am plaintiff in the above matter hence well conversant
Nadir ali ……………….. ……………………….……..……………………DEFENDANT
AFFIDAVIT IN EXPARTE PROOF
I, Mst: Khalida D/O Ahmed Bux, Adult Muslim by Caste Kolachi, R/O Khuda Bux Kolachi, Taluka & District Tando Muhammad Khan, do hereby state, on oath as under:-
1. That I am plaintiff in the above matter hence well conversant
with the facts of the case.
2. That My Nikah was Performed with the Defendant at about 8 Years ago
according to the injunctions of islam and Rukhsati was taken Place against the dower amount one goat and 5000/= Cash which is Still unpaid in Spite of repeated demands.
2. That My Nikah was Performed with the Defendant at about 8 Years ago
according to the injunctions of islam and Rukhsati was taken Place against the dower amount one goat and 5000/= Cash which is Still unpaid in Spite of repeated demands.
3. That out of wedlock 2 issues was born.
4. That after the marriage the Plaintiff noticed the defendant to be
abnormal Person and always found in intoxicant Position.
5. That after marriage Plaintiff and defendant lived happy and
Comfortable life till one year but thereafter Defendant Changed his attitude and Started Selling the dowry articles and golden ornaments of the Plaintiff which was given by the Parents of the Plaintiff at the time of marriage but the Plaintiff being a responsible lady remain quit and also Plaintiff found the defendant habitual Smoker Job less drinker and specially found in Cock fight gambling after selling house hold articles defendant demanded the Cash amount from the Plaintiff and on the refusal of the defendant ousted the Plaintiff while maltreatment and misbehaving by way of using threats and abusive language.
6. That after one year of the marriage Plaintiff born one baby
namely Sharika Fatima which is also residing with her mother Plaintiff and 2nd issue was already expired after 3 months of the
4. That after the marriage the Plaintiff noticed the defendant to be
abnormal Person and always found in intoxicant Position.
5. That after marriage Plaintiff and defendant lived happy and
Comfortable life till one year but thereafter Defendant Changed his attitude and Started Selling the dowry articles and golden ornaments of the Plaintiff which was given by the Parents of the Plaintiff at the time of marriage but the Plaintiff being a responsible lady remain quit and also Plaintiff found the defendant habitual Smoker Job less drinker and specially found in Cock fight gambling after selling house hold articles defendant demanded the Cash amount from the Plaintiff and on the refusal of the defendant ousted the Plaintiff while maltreatment and misbehaving by way of using threats and abusive language.
6. That after one year of the marriage Plaintiff born one baby
namely Sharika Fatima which is also residing with her mother Plaintiff and 2nd issue was already expired after 3 months of the
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born hence baby Sharika is residing with the Plaintiff but since last seven years Defendant has totally failed to Pay/maintain and even has not Come to see his baby and as well as the Plaintiff till today and since last seven years Plaintiff and her baby namely Sharika is residing/maintain by the Poor Parents of the Plaintiff.
7. That in this regard the Parents of the Plaintiff made Complaints
to the Parents of the defendant and the notable Persons of the locality but till today all in vain and even defendant issuing threats of dire Consequences of murder to the Plaintiff that he don’t want to see even her Face and issued the threats of dire Consequences that if you will try to Come back that we will teach you lesson and Since 7 years Plaintiff is residing and maintain by her poor Parents.
8. That till to day the defendant has failed to see the Plaintiff and
born hence baby Sharika is residing with the Plaintiff but since last seven years Defendant has totally failed to Pay/maintain and even has not Come to see his baby and as well as the Plaintiff till today and since last seven years Plaintiff and her baby namely Sharika is residing/maintain by the Poor Parents of the Plaintiff.
7. That in this regard the Parents of the Plaintiff made Complaints
to the Parents of the defendant and the notable Persons of the locality but till today all in vain and even defendant issuing threats of dire Consequences of murder to the Plaintiff that he don’t want to see even her Face and issued the threats of dire Consequences that if you will try to Come back that we will teach you lesson and Since 7 years Plaintiff is residing and maintain by her poor Parents.
8. That till to day the defendant has failed to see the Plaintiff and
failed to maintain the Plaintiff.
9. That now plaintiff has developed hatred for the defendant and it
is impossible for the plaintiff to live with the defendant as his wife under one and the same roof and within the prescribed limits of Almighty Allah as envisaged in the Holy Qur’an and Sunnah and will prefer to die rather than to live with the defendant, hence finding no other way the plaintiff has approached to this Honorable Court for dissolution of her marriage by way of “Khulla”
10. That this Honorable Court after admission of the suit issued
notices/ summons to the defendant through registered AD and notices and same has been received by the Defendant himself but knowingly and intentionally the defendant failed to appear hence I was ordered by this Honorable Court for filing the affidavit in exparte proof.
11. That the defendant has been served through the notices and as
well as Specially bailiff of this Honorable Court but he is avoiding to attend this Honorable Court till today.
12. That I pray that this Honorable Court may be pleased to pass
exparte decree as per my prayer made in the prayer clause of the suit.
13. That whatever stated above is true and correct to the best of my
9. That now plaintiff has developed hatred for the defendant and it
is impossible for the plaintiff to live with the defendant as his wife under one and the same roof and within the prescribed limits of Almighty Allah as envisaged in the Holy Qur’an and Sunnah and will prefer to die rather than to live with the defendant, hence finding no other way the plaintiff has approached to this Honorable Court for dissolution of her marriage by way of “Khulla”
10. That this Honorable Court after admission of the suit issued
notices/ summons to the defendant through registered AD and notices and same has been received by the Defendant himself but knowingly and intentionally the defendant failed to appear hence I was ordered by this Honorable Court for filing the affidavit in exparte proof.
11. That the defendant has been served through the notices and as
well as Specially bailiff of this Honorable Court but he is avoiding to attend this Honorable Court till today.
12. That I pray that this Honorable Court may be pleased to pass
exparte decree as per my prayer made in the prayer clause of the suit.
13. That whatever stated above is true and correct to the best of my
knowledge and belief.
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Tando Muhammad Khan DEPONENT Dated: 27-05-2011.
The deponent is known to me and is identified by me to the Commissioner for taking affidavit.
ADVOCATE Solemnly affirmed on oath this 27th day of
May 2011, by the deponent above named who has been identified by Mr. Manzoor ahmed Panhwar Advocate to whom I know personally.
COMMISSIONER FOR TAKING AFFIDAVIT
The contents of this affidavit in exparte proof were truly, audibly and legibly explained to the deponent in her mother tongue who appears to have understood the same perfectly and signed in my presence.
COMMISSIONER FOR TAKING AFFIDAVIT
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