Suit by a Muslim woman for Decree of Dissolution of Marriage under Dissolution of Muslim Marriage Act, 1939

Here I will discuss about the modal draft of a civil suit by a Muslim woman for Decree of Dissolution of Marriage under Dissolution of Muslim Marriage Act, 1939 for getting divorce from her husband on the gourds of physical and mental cruelties, habitual assaults, attempts to force her to lead immoral life and deserted her without any reasonable excuse on her part and on the other grounds set out in the body of the suit.

 

IN THE COURT OF ADD. CIVIL JUDGE SR. DIV. ____

 

Smt. Anjuman

                                                                                                                                                       …….Plaintiff

Versus 

Salman

                                                                                                                                                       ….Defendant

Suit by a Muslim woman for Decree of Dissolution of Marriage dated 15-11-2014 under Dissolution of Muslim Marriage Act, 1939.

R/Madam,

                     The plaintiff most humbly submits as under :-

1-That the marriage/Nikah of the plaintiff was performed/solemnized with the defendant on 15-11-2014 according to Muslim rites and ceremonies in the presence of friends, relatives and family members of both the parties to the suit and from the wedlock of the plaintiff and defendant no children were born out so far.

2- That at the time of solemnization of the marriage of the plaintiff with the defendant, the parents of the plaintiff had given sufficient dowry articles to the defendant and his family members.

3-That from the very beginning of the marriage the behavior of the defendant along with other family members of him was very cruel towards the plaintiff as the family members and defendant are greedy type of person as they used to demand more and more dowry from the plaintiff. The family members along with defendant started insulting the plaintiff without any cause and when the plaintiff refused to bring dowry articles the family members gave more and more beatings to the plaintiff and due to this attitude of the defendant and his family members, the plaintiff remained upset, mentally disturbed and the defendant along with other family members make the life of the plaintiff miserable by physical and mental cruelty.

4-The due to non fulfillment of the illegal demand of dowry, the defendant and his family members turned out the plaintiff many a times from her matrimonial house. The plaintiff and his family members with a hope that with passage of time the defendant and his family members will mend their ways and with the hope that the married life of the plaintiff may not ruined, but the defendant and his family members did not mend their ways and they kept on harassing the plaintiff for their said illegal and unlawful demand of dowry. That the defendant is a man of bad habits and he harassed and humiliated the plaintiff in collusion with his family members without any reason. The defendant not provided daily food to the plaintiff and not fulfilled daily expenses such as cloths, medicine etc. That the petitioner told her parents about the dowry demand of the respondent and his family members and upon which the parents of the petitioner said to the petitioner that you are recently married and after passing time all will be fine.

5- That when the plaintiff and her parents expressed their inability to satisfy their demand of dowry, then the defendant and his family members have refused to keep and maintain the plaintiff and turned her out from her matrimonial house only in wearing cloths and since then the plaintiff residing in her parental house with her parents.

6- That the parents of the plaintiff went to the matrimonial house of the plaintiff several times and requested the defendant to not to misbehaved with the plaintiff on account of demanding dowry and to allowed the plaintiff living with his company as his wedded wife, but the defendant refused to accept the request of the plaintiff’s parents due to non fulfillment of their dowry demand. That many panchayats were also conducted by the parents of the plaintiff but all in vain.

7- That the defendant has deserted the plaintiff and left the conjugal company of the plaintiff on his own and make the life of the plaintiff become impossible to live in the society of the defendant.

8-That the respondent and his family members inflicted utmost cruelties, harassment, mental and physical torture and humiliation to the petitioner and made the life of the petitioner virtual a hell.  Therefore, the petitioner is entitled for a decree for divorce on account of cruelties and desertion.

9- That a Muslim marriage is a contract made between two persons of opposite sexes and it is a civil contract. A valid Muslim marriage give rise to certain rights and duties between the parties as regards the husband. In a suit for dissolution of marriage, if the husband has refused to keep and maintain and to live with his wife in his house or failed to perform his marital obligations, the wife is entitled to a decree of divorce on the grounds of physical and mental constant cruelties, habitual assaults, attempt to force her to lead immoral life and habitually assault her and desert her without any reasonable excuse on her part.

10- That the plaintiff asked the defendant several times to dissolve the marriage as it is impossible for the plaintiff to carry on this relation, but the defendant did not pay any heed to the genuine request of the plaintiff and lastly and finally refused to do so on or about 03-03-2021, hence this is the final date of cause of action, accrued to the plaintiff for filing the present suit.

11-That the plaintiff reside and cause of action arose within the territorial jurisdiction of this hon'ble court, hence this Hon'ble court has got jurisdiction to try and decide the present suit.

12-  That the value of the suit for the purposes of court fee and jurisdiction is assessed Rs. 200/- over which a fixed court fee of Rs. 25/- has been paid.

13-  It is therefore, prayed to this Hon’ble court to pass a decree for dissolution of marriage dated 15-11-2014 in favour of the plaintiff and against the defendant, thereby dissolving their marriage on the grounds of physical and mental cruelties, habitual assaults, attempts to force her to lead immoral life and deserted her without any reasonable excuse on her part and on the other grounds set out in the body of the suit. Or any other relief which this hon'ble court deems fit and proper may also be awarded to the plaintiff and against the defendant with costs of the suit.

 

Verification:- Verified that the contents of paras no. 1 to 10 & 13 are correct to the best of my knowledge and paras no. 11 and 12 are correct to my belief.

                        Plaintiff

Smt. Anjuman

 

 

Through Counsel

 

 

 

IN THE COURT OF ADD. CIVIL JUDGE SR. DIV._______ 

Smt.  Anjuman                           Vs.                   Salman

 

Suit by a Muslim woman for Decree of Dissolution of Marriage dated 15-11-2014 under Dissolution of Muslim Marriage Act, 1939.

Affidavit

I, Smt. Anjuman __________________________, do here by solemnly affirm and declare as under:-

 

1-That the deponent/plaintiff has filed the present suit before this Hon’ble court and the contents of which may be read as a part and parcel of this affidavit. That the all contents of the suit have been explained by my counsel to me in a simple Hindi Versions which are accepted to me as true and correct.

                                  Deponent

 

Verification: Verified that the contents of this affidavit are correct and true to the best of my knowledge and belief and nothing has been concealed there in. Verified at ……………….

                                           Deponent