Suit for Recovery of Dower (Mehr)

IN THE COURT OF THE LEARNED FAMILY JUDGE, district

Family Suit No. _____ of year For recovery of unpaid dower (Mehr)

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

VERSUS

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

PLAINT FOR RECOVERY OF DOWER (MEHR)

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 / former wife of the Defendant, having been married to him on marriage_date at marriage_place according to the 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. DOWER FIXED IN NIKAHNAMA: At the time of the marriage and as a sacred and binding obligation, dower (Mehr) was fixed at Rs. total_dower, comprising prompt (Mu'ajjal) dower of Rs. prompt_dower payable on demand, and deferred (Mu'wajjal) dower of Rs. deferred_dower payable on dissolution of the marriage by death or divorce, in addition to dower_in_kind (such as gold, property, jewellery, vehicle, or other assets fixed in kind), as recorded in clauses dower_clauses_in_nikahnama of the Nikahnama.

3. STATUS OF THE MARRIAGE: The marriage between the parties subsists / has been dissolved on dissolution_date by way of mode_of_dissolution (talaq / khula / mutual agreement / decree of court). dissolution_circumstances. A certified copy of the divorce certificate / decree is annexed where applicable.

4. NON-PAYMENT OF PROMPT DOWER: Notwithstanding the lapse of considerable time and repeated demands, the Defendant has, in violation of the binding undertaking in the Nikahnama and contrary to the principles of Islamic law, failed and neglected to pay the prompt dower of Rs. prompt_dower to the Plaintiff. The Plaintiff has demanded payment of the prompt dower on the following dates: prompt_dower_demand_dates, but the Defendant has paid no part thereof.

5. NON-PAYMENT OF DEFERRED DOWER: With the dissolution of the marriage on dissolution_date, the deferred dower of Rs. deferred_dower has become immediately due and payable to the Plaintiff. The Defendant has, however, failed and neglected to make payment despite the lapse of period_since_dissolution, and despite written and oral demands by the Plaintiff.

6. NON-DELIVERY OF DOWER IN KIND: In addition to the monetary dower, the Defendant undertook to deliver the following items as part of the dower in kind: dower_in_kind_details. The Defendant has failed to deliver any / all of the said items, and the Plaintiff is entitled to specific delivery thereof or, in the alternative, to recovery of their market value as per current market rates.

7. NOTICE OF DEMAND: A formal written notice of demand was served by the Plaintiff on the Defendant through registered post on notice_date, calling upon the Defendant to pay the entire outstanding dower with interest within fifteen days, failing which legal action would be initiated. The Defendant either failed to respond or, having responded, denied the obligation. notice_response.

8. NO PARTIAL OR FULL PAYMENT: The Defendant has not paid any part of the dower, prompt or deferred, monetary or in kind, to the Plaintiff at any time. The receipts, acknowledgements, or other documentary record of the Plaintiff are annexed in support of the position that no payment has been made.

9. NO REMITTAL OR WAIVER: The Plaintiff has at no time remitted, waived, or relinquished any part of her right to dower, whether by writing, by spoken word, or by conduct. Any allegation by the Defendant of remittal or waiver is denied as false and motivated.

10. INTEREST / PROFIT ON UNPAID DOWER: The Plaintiff is entitled to compensation in the nature of interest / profit on the long-unpaid dower at such rate as this Honourable Court may determine, computed from the date the dower became due until the date of payment in full.

11. SUFFERINGS OF THE PLAINTIFF: The continuing failure of the Defendant to pay the dower has caused the Plaintiff serious financial hardship, mental agony, and humiliation, and has compelled the Plaintiff to approach this Honourable Court for the recovery of her lawful entitlement.

12. 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.

13. LIMITATION: The cause of action for the recovery of the prompt dower accrues on demand and that for the deferred dower accrues on dissolution of the marriage. The present suit is filed within the period of limitation prescribed by Article 103 / Article 104 of the First Schedule to the Limitation Act 1908.

14. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of recovery of dower before any other forum, save and except prior_litigation_disclosure.

15. CAUSE OF ACTION: The cause of action accrued to the Plaintiff on cause_of_action_date, when cause_of_action_description, and continues to subsist.

PRAYER

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

(a) Pass a decree for recovery of the entire prompt dower in the sum of Rs. prompt_dower in favour of the Plaintiff and against the Defendant;

(b) Pass a decree for recovery of the entire deferred dower in the sum of Rs. deferred_dower in favour of the Plaintiff and against the Defendant;

(c) Direct the Defendant to specifically deliver the dower in kind as set out in clause dower_clauses_in_nikahnama of the Nikahnama, or in the alternative pay its current market value of Rs. dower_in_kind_value;

(d) Award compensation in the nature of interest / profit on the unpaid dower at such rate as this Honourable Court may determine, from the date of accrual until payment;

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

(f) 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 15 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