Here I will discuss about the modal draft of a civil suit for getting divorce in Muslim Marriage. The present suit has been filed by a muslim husband against a muslim wife.
In the Hon’ble court of Add. Civil Judge Sr. Div. __________
Jamshed Khan ………Plaintiff.
VERSUS
Smt. Afsana …….Defendant
Suit for declaration for dissolution of marriage
Respected Madam,
The plaintiff very respectfully submits as under :-
1. That
the Nikah/marriage of the plaintiff was solemnized on 25-05-2015 as per the
Muslim rites and ceremonies in the presence of relatives and family members
with defendant. The said marriage of the plaintiff and defendant was performed
in a very simple and idle manner. However in the said marriage of the plaintiff
and defendant, the parents of the plaintiff gave 20 Gram golden ornament and 1
Kg silver ornaments to the defendant.
2. That
after the marriage, the defendant started resides at ________, with the
plaintiff as his legally wedded wife and where they consummated their marriage.
Out of wedlock of above said marriage one girl child was born out.
3. That
since the first day of the marriage, the behavior of the defendant was very
cruel towards the plaintiff and the defendant never pay regard either to the
plaintiff or to the elder members of the family of the plaintiff and his
parents. The defendant also never performed her household duties and she never
prepared food on time and she never did the household work. That the defendant always
stated that she has wrongly been married with the plaintiff by her parents. The
defendant from the first day of marriage used to pick up quarrels with the
plaintiff and other members of the family without any sufficient reason and
used to insult the plaintiff in presence of his friends and relatives. The
defendant used to taunt upon the plaintiff that she not like the plaintiff and
she does not want to reside with him under one roof.
4. That
the Defendant used to go to her parental house on several occasions without the
consent and permission of the plaintiff. The defendant pressurized the
plaintiff to live separately from his parents and the plaintiff tried his best
to keep the Defendant properly but the defendant pay no heed to the plaintiff
and started living separately and despite of this the defendant continued her
unwarranted activities shamelessly. The plaintiff also requested the parents of
the defendant to make understand the defendant but they also did not pay any
heed on the request of the plaintiff.
5. That
lateron it came into the knowledge and notice of the plaintiff, that the
defendant has illicit relation with one ______ resident of ________ and when
the plaintiff tried to understand her and asked her not to do such things in
his absence then the defendant gave threat to commit suicide and also threat to
falsely implicate the plaintiff and his family members in such type of false case. The even after understand
the defendant about not to do such things the defendant did not change her
behavior and she used to talk on phone with said _____. The said _____ also
sent photographs, call recording on the whatsapp of the plaintiff and the said
photographs and call recording shows the illicit and sexual affair of the
defendant with him.
6. That
the defendant left the house of the plaintiff in month of March, 2019
without any consent and permission of the plaintiff and since then the
defendant is residing at her parental house. That at the time of leaving the
house of the plaintiff the defendant also taken away all the golden and silver
ornaments with the her.
7. That
after desertion of defendant from her matrimonial home, the plaintiff several
times visited to the parental house of the defendant to bring her back to her
matrimonial home but in vain. That after refusal of the defendant to join the
company of the plaintiff, the plaintiff
also conveyed a Panchayat at the house of defendant and requested the defendant
to come back to join the company and society of the plaintiff and to live with
him at her matrimonial house but the defendant finally refused to do so on or
about 31-03-2021, hence this is the date on which the cause of action finally
accrued to the plaintiff for filling this suit. Hence this suit.
8. That
the defendant has deserted the plaintiff without any sufficient cause and
reason and had left her matrimonial home and refused to continue the conjugal
company of parties to the suit. Therefore, the plaintiff has no option except
to dissolve the marriage with the defendant by getting a decree of divorce.
9. That
the present plaint is being filed by the plaintiff for seeking a decree of
divorce for dissolution of his marriage with the defendant.
10.That
the parties to the suit was lastly resided within the territorial jurisdiction
of this Hon’ble Court and the plaintiff is still residing within the
territorial jurisdiction of this Hon’ble Court, hence this Hon’ble Court has
got jurisdiction to the try the present
suit.
11.That
the value of the suit for purpose of court fee is assessed Rs. 200/- on which a
fixed court fee of Rs. 25/- has been paid on the plaint.
12.That
the plaintiff therefore prayed to this Hon’ble Court, to pass a decree for
declaration to the effect that the marriage of the plaintiff and defendant has
been dissolved and the same is null and void and there exists no relationship
of husband and wife between the parties and both the parties to the suit are
independent in their life and shall alive as per their choice separately in
future, may kindly be passed in favour of the plaintiff and against the
defendant with costs of this suit.
Or such relief which this Hon’ble Court deems fit and proper may also be awarded in favour of the plaintiff and against the defendant, in the interest of justice.
|
Verification:- Verified that the contents of para no. 1 to 11 & 14 of the suit are
true and correct as per my knowledge and belief and para no. 12 and 13 are
true as per my belief. Verified on dated ________. |
Plaintiff
Jamshed Khan
Through Counsel
(Affidavit in support of plaint)
In the Hon’ble Court of Add. Civil Judge, Sr. Div. Hathin.
Jamshed Khan vs Smt. Afsana
Suit for Declaration for dissolution of marriage
Affidavit
I, Jamshed Khan ____________________, do hereby solemnly affirm and declare as under :-
1. That the deponent has filed the present suit
before this Hon’ble Court and the contents of which may be read a part and
parcel of this affidavit.
2. That the all contents of the suit have been
explained and read over by my counsel to me in simple Hindi version which are
accepted by me as true and correct and then I have signed the plaint.
Verification :- Verified that the contents of this affidavit are true and correct to the bet of my knowledge and belief and nothing has been concealed therein. Verified at
Deponent
Affidavit for caste certificate, Character certificate, correction in name, Ration card, scholarship etc.
Petition Under Section 8 of guardian and wards act for permission for permission to sale the property of minors
legal notice for recovery of money for goods supplied | Legal notice for non payment of dues | legal notice for non payment of bill.
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