Suit for Recovery of Maintenance

IN THE COURT OF THE LEARNED FAMILY JUDGE, district

Family Suit No. _____ of year For recovery of maintenance

1. plaintiff_wife_name, wife of defendant_name, aged about plaintiff_wife_age years, resident of plaintiff_wife_address, holder of CNIC No. plaintiff_wife_cnic; 2. minor_child_1_name, son/daughter of defendant_name, aged minor_child_1_age years, through next-friend the Plaintiff No. 1; 3. other_minor_children_list ... Plaintiffs

VERSUS

defendant_name, son of defendant_father, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant (Husband / Father)

PLAINT FOR RECOVERY OF MAINTENANCE FOR WIFE AND MINOR CHILDREN

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 Plaintiff No. 1 is the lawfully wedded wife of the Defendant, having been married on marriage_date at marriage_place according to Islamic rites, with Nikah duly registered with the Nikah Registrar of union_council under registration No. nikah_registration_number, a certified copy whereof is annexed.

2. From the said wedlock, the parties are blessed with the minor children mentioned in the cause-title, presently aged children_ages years, all of whom are in the lawful care and custody of Plaintiff No. 1 and reside with her at the address given above.

3. STATUS OF MARRIAGE: The marriage between Plaintiff No. 1 and the Defendant subsists / has been dissolved on dissolution_date by way of dissolution_mode. Plaintiff No. 1 is presently in iddat / has completed iddat / is a divorcee iddat_status.

4. STATUTORY OBLIGATION OF MAINTENANCE: Under the principles of Islamic law applicable to the parties, and under the Muslim Family Laws Ordinance 1961 read with the Family Courts Act 1964, the Defendant is under a legal and absolute obligation to maintain his wife (during the subsistence of marriage and during iddat after dissolution) and his minor children (irrespective of who has their custody), at a standard commensurate with the Defendant's financial position and the parties' standard of living.

5. DEFENDANT'S INCOME AND MEANS: The Defendant is gainfully employed / engaged in business as defendant_occupation and earns a monthly income of approximately Rs. defendant_monthly_income. The Defendant also owns / has an interest in the following assets: defendant_assets. The Defendant is fully capable of paying maintenance at the rates prayed for, but has wilfully and contumaciously refused to do so.

6. NEEDS OF THE PLAINTIFFS: The reasonable monthly needs of the Plaintiffs include monthly_needs_breakdown (rent, groceries, utilities, school fees, medical, transportation, clothing, etc.), totaling approximately Rs. total_monthly_needs. Plaintiff No. 1 has no independent source of income / earns Rs. plaintiff_wife_income per month, which is insufficient to meet the needs of the Plaintiffs.

7. STANDARD OF LIVING DURING COHABITATION: During the subsistence of the marriage, the parties enjoyed a standard of living characterised by standard_of_living. The Plaintiffs are entitled to maintenance commensurate with the said standard of living.

8. NON-PAYMENT BY DEFENDANT: From maintenance_default_start_date, the Defendant has wilfully and without lawful cause failed and neglected to pay any maintenance to the Plaintiffs, leaving the Plaintiffs entirely without means of support save for the assistance of relatives and well-wishers.

9. SPECIFIC DEMANDS: Plaintiff No. 1 has, on multiple occasions including demand_dates, demanded payment of maintenance from the Defendant in person, through respected elders, and through written communication. The Defendant has refused outright on each occasion or has put forward frivolous excuses.

10. NOTICE OF DEMAND: A formal written notice of demand was served on the Defendant on notice_date, calling upon him to pay arrears of maintenance and to commit to regular payment of monthly maintenance going forward. The Defendant either failed to respond or, having responded, refused to pay. notice_response.

11. ARREARS OF MAINTENANCE: The arrears of maintenance from maintenance_default_start_date until the date of institution of the present suit, computed at the rate of Rs. wife_maintenance_rate per month for the wife and Rs. child_maintenance_rate per child per month, total Rs. total_arrears.

12. RATE OF MAINTENANCE PRAYED: The Plaintiffs pray for fixation of monthly maintenance at the rate of Rs. wife_maintenance_rate per month for Plaintiff No. 1 and Rs. child_maintenance_rate per child per month for the minor Plaintiffs, payable on or before the 7th day of each English calendar month, with an annual increase of ten per cent to account for inflation, in line with settled judicial practice.

13. INTERIM MAINTENANCE: The Plaintiffs are in immediate and pressing need of interim maintenance, the children being unable to attend school regularly, and Plaintiff No. 1 being unable to meet her basic needs. The Plaintiffs therefore pray for an order of interim maintenance under the proviso to Section 17-A of the Family Courts Act 1964 pending decision of the suit.

14. JURISDICTION: This Honourable Family Court has the jurisdiction to entertain the present suit by virtue of the Plaintiffs ordinarily residing within the territorial limits of this Court / the Defendant ordinarily residing within these limits, and the suit relating to a matrimonial / family matter listed in the Schedule to the Family Courts Act 1964.

15. LIMITATION: The cause of action for maintenance is a continuing one, accruing afresh each day on which the Defendant fails to pay. The present suit is filed within the period of limitation prescribed by the relevant Article of the First Schedule to the Limitation Act 1908 and is otherwise within time.

16. CAUSE OF ACTION: The cause of action accrued to the Plaintiffs on maintenance_default_start_date when the Defendant first defaulted on his maintenance obligations, and continues to subsist.

PRAYER

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

(a) Pass a decree fixing monthly maintenance for Plaintiff No. 1 at Rs. wife_maintenance_rate per month from maintenance_default_start_date onwards, payable on or before the 7th of each calendar month, with an annual increase of ten per cent;

(b) Pass a decree fixing monthly maintenance for the minor Plaintiffs at Rs. child_maintenance_rate per child per month from maintenance_default_start_date onwards, payable on or before the 7th of each calendar month, with an annual increase of ten per cent;

(c) Pass a decree for recovery of arrears of maintenance in the sum of Rs. total_arrears for the period from maintenance_default_start_date to the date of decree;

(d) Pending decision of the suit, fix interim maintenance under the proviso to Section 17-A of the Family Courts Act 1964 at the same monthly rates as prayed above, and direct payment forthwith;

(e) Direct that, in case of default in payment of any monthly instalment, recovery be effected as arrears of land revenue under Section 13 of the Family Courts Act 1964 against the Defendant's salary, business income, bank accounts, or movable / immovable property;

(f) Award costs of the suit to the Plaintiffs; 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, by Plaintiff No. 1 for herself and as next-friend of the minor Plaintiffs, that the contents of paragraphs 1 to 16 of the above plaint are true and correct to the best of her knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ plaintiff_wife_name Plaintiff No. 1 (for self and as next-friend of minor Plaintiffs) Through: _____________________________ counsel_name Advocate