Suit for Dissolution of Marriage (Khula)

IN THE COURT OF THE LEARNED FAMILY JUDGE, district

Family Suit No. _____ of year For dissolution of marriage by Khula

plaintiff_name, daughter of plaintiff_father, aged about plaintiff_age years, occupation: plaintiff_occupation, resident of plaintiff_address, holder of CNIC No. plaintiff_cnic ... Plaintiff (Wife)

VERSUS

defendant_name, son of defendant_father, aged about defendant_age years, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant (Husband)

PLAINT FOR DISSOLUTION OF MARRIAGE BY KHULA

Suit valuation for the purposes of court fee and jurisdiction: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid affixed on the plaint.

Respectfully sheweth:

1. That the Plaintiff is the lawfully wedded wife of the Defendant, having been married to him on marriage_date at marriage_place according to Islamic rites and customs prevailing in the community to which the parties belong. The Nikah was duly registered with the Nikah Registrar of union_council bearing registration No. nikah_registration_number, dated nikah_registration_date. A certified copy of the Nikahnama is annexed and marked as Exhibit P-1.

2. CHILDREN OF THE MARRIAGE: From the said wedlock, the parties are blessed with the following children: children_details, who are presently in the care of children_with_whom.

3. DOWER (MEHR): The dower fixed at the time of marriage was Rs. total_dower, comprising prompt dower of Rs. prompt_dower and deferred dower of Rs. deferred_dower. The status of the dower is as follows: dower_status.

4. INITIAL PERIOD OF MARRIAGE: For a period of approximately initial_period, the marriage was conducted in a normal manner and the parties resided together at the matrimonial home situated at matrimonial_home_address. However, with the passage of time, irreconcilable differences and incompatibility have arisen between the parties, making it impossible for the Plaintiff to continue to live with the Defendant within the limits prescribed by Allah.

5. INCOMPATIBILITY AND HATRED: The Plaintiff has developed strong, deep-rooted, and irretrievable hatred and aversion (bughz wa nafrat) towards the Defendant, of such a nature and intensity that the Plaintiff finds it impossible to live with the Defendant as husband and wife within the limits prescribed by Allah. The Plaintiff fears that, if compelled to remain in the marriage, she will not be able to maintain the obligations of a wife under Islamic law and may fall into sin.

6. SPECIFIC INSTANCES OF INCOMPATIBILITY: The incompatibility has manifested itself in the following specific instances and conduct: incompatibility_instances. These instances are mentioned by way of illustration and are not exhaustive.

7. ATTEMPTS AT RECONCILIATION: Repeated attempts at reconciliation have been made by family members, respected elders, and the Plaintiff herself, on the following dates and in the following manner: reconciliation_attempts. All such attempts have failed on account of reconciliation_failure_reasons.

8. NO CRUELTY ALLEGATION REQUIRED FOR KHULA: It is well-settled by the superior courts of Pakistan that for the grant of Khula, it is not necessary for the wife to allege or establish cruelty, desertion, or any other ground enumerated in Section 2 of the Dissolution of Muslim Marriages Act 1939. It is sufficient if the Court is satisfied that the parties cannot live within the limits prescribed by Allah, in which case Khula is to be granted.

9. RIGHT OF KHULA UNDER ISLAMIC LAW: Under the principles of Islamic law and as held by the Supreme Court of Pakistan, every Muslim wife has an absolute and unfettered right to seek dissolution of marriage by way of Khula upon her own decision that she cannot live with her husband within the limits prescribed by Allah. The Plaintiff exercises that right unequivocally.

10. WILLINGNESS TO SURRENDER DOWER: As a condition of obtaining Khula, the Plaintiff is willing to surrender / forgo / restore the dower (or such portion as the Court may direct) and any benefits / gifts received from the Defendant during the subsistence of the marriage. The Plaintiff is willing to comply with whatever lawful conditions this Honourable Court may impose for the grant of Khula.

11. ALTERNATIVE GROUNDS UNDER 1939 ACT: Without prejudice to the right of Khula, and in the alternative, the Plaintiff also relies on the following grounds enumerated in Section 2 of the Dissolution of Muslim Marriages Act 1939, namely: alternative_grounds, and prays for dissolution of marriage on those grounds also if Khula is for any reason not granted.

12. CUSTODY OF MINOR CHILDREN: It is in the welfare and best interests of the minor children that they continue / be transferred to the custody of the Plaintiff. The Plaintiff has the financial capacity, family support, and emotional capacity to ensure the proper upbringing of the minor children. custody_position.

13. MAINTENANCE OF MINOR CHILDREN: The Defendant is liable to pay maintenance for the minor children at a reasonable rate commensurate with the Defendant's financial position. The Plaintiff prays that maintenance be fixed at Rs. children_maintenance_rate per child per month, payable on or before the 7th day of each month.

14. NO INTERIM PROCEEDINGS: There is no order in force restraining the Plaintiff from filing the present suit, and no other proceedings between the parties for dissolution of marriage are pending before any forum, save and except prior_litigation_disclosure.

15. JURISDICTION: This Honourable Family Court has jurisdiction to entertain the present suit by virtue of jurisdiction_basis, and the suit relates to a matrimonial matter listed in the Schedule to the Family Courts Act 1964.

16. NO LIMITATION FOR DISSOLUTION ON KHULA: The right of a Muslim wife to seek dissolution of marriage by way of Khula is not subject to any period of limitation, accruing afresh each day on which the Plaintiff continues to find it impossible to live with the Defendant within the limits prescribed by Allah.

17. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on cause_of_action_date at cause_of_action_place, when cause_of_action_description, and continues to subsist as long as the marriage subsists.

PRAYER

In view of the foregoing, the Plaintiff most respectfully prays that this Honourable Court, after hearing the parties and considering the evidence on record, may be pleased to:

(a) Pass a decree dissolving the marriage between the Plaintiff and the Defendant by way of Khula, on such terms as this Honourable Court may deem appropriate;

(b) In the alternative, pass a decree of dissolution of marriage on the grounds enumerated in Section 2 of the Dissolution of Muslim Marriages Act 1939 as pleaded in paragraph 11 above;

(c) Direct issuance of a copy of the decree to the Chairman of the Arbitration Council, Union Council union_council, for the purposes of Section 7 of the Muslim Family Laws Ordinance 1961;

(d) Pass an order for custody of the minor children in favour of the Plaintiff, with such visitation rights to the Defendant as this Honourable Court may consider proper in the welfare of the minor children;

(e) Direct the Defendant to pay maintenance for the minor children at the rate of Rs. children_maintenance_rate per child per month, payable on or before the 7th day of each month;

(f) Award costs of the suit to the Plaintiff; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the facts and circumstances of the case.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 17 of the above plaint are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_name Plaintiff Through: _____________________________ counsel_name Advocate