Suit for Restitution of Conjugal Rights

IN THE COURT OF THE LEARNED FAMILY JUDGE, district

Family Suit No. _____ of year For restitution of conjugal rights

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

VERSUS

defendant_name, son/daughter of defendant_father, aged about defendant_age years, resident of defendant_address, holder of CNIC No. defendant_cnic ... Defendant

PLAINT FOR RESTITUTION OF CONJUGAL RIGHTS

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 and the Defendant were married to each other on marriage_date at marriage_place according to the Islamic rites and customs prevailing in the community to which the parties belong, and the Nikah was duly registered with the Nikah Registrar of union_council under registration No. nikah_registration_number, dated nikah_registration_date. A certified copy of the Nikahnama is annexed and marked as Exhibit P-1.

2. That at the time of the marriage, the parties resided together at matrimonial_home_address, and from cohabitation_start_date until cohabitation_end_date, the parties cohabited as husband and wife, performed all matrimonial obligations, and led a normal married life.

3. CHILDREN OF THE MARRIAGE: From the said wedlock, the parties were blessed with the following children: children_details. The children continue to be in the care of children_with_whom and the Plaintiff has at all times maintained contact and provided maintenance and support.

4. DOWER (MEHR): The dower (mehr) settled at the time of marriage was Rs. dower_amount, comprising prompt and deferred portions in accordance with the Nikahnama. The dower has been dower_status.

5. CONDUCT OF THE PLAINTIFF: The Plaintiff has at all times conducted himself / herself as a faithful and dutiful spouse, has discharged all matrimonial obligations including the provision of food, shelter, clothing, dignity, and respect, and has given the Defendant no cause whatsoever to leave the matrimonial home or withdraw from the society of the Plaintiff.

6. WITHDRAWAL OF DEFENDANT: On withdrawal_date, without any lawful or reasonable cause, the Defendant left the matrimonial home / withdrew from the society of the Plaintiff and started residing at defendant_current_residence. The circumstances of the said withdrawal are described as follows: withdrawal_circumstances.

7. NO LAWFUL CAUSE: There is no lawful cause for the Defendant's withdrawal from the society of the Plaintiff. The Plaintiff has not committed any matrimonial misconduct, has not been cruel to the Defendant, has not refused to maintain the Defendant, and has not given any other ground recognised in law as justifying withdrawal from the matrimonial home.

8. EFFORTS BY PLAINTIFF: Following the Defendant's withdrawal, the Plaintiff made repeated efforts in person, through respected elders, family members, and through written communication, to bring the Defendant back to the matrimonial home and to resume normal married life. efforts_to_reconcile. All such efforts have been frustrated by the obstinate refusal of the Defendant to return.

9. NOTICE FOR RESUMPTION: A formal written notice was served by the Plaintiff on the Defendant through registered post on notice_date, calling upon the Defendant to return to the matrimonial home and to resume conjugal life within a reasonable period. The Defendant either failed to respond or, having responded, refused to return to the matrimonial home without offering any lawful reason. notice_response.

10. PLAINTIFF'S READINESS AND WILLINGNESS: The Plaintiff is at all material times ready and willing to receive the Defendant back into the matrimonial home, to resume conjugal cohabitation, and to discharge all marital obligations including the provision of suitable accommodation, maintenance, and respect. The matrimonial home at matrimonial_home_address stands prepared for the Defendant's return.

11. RIGHTS UNDER MUSLIM FAMILY LAW: Under the principles of Islamic law and the Muslim Family Laws Ordinance 1961, marriage is a solemn covenant carrying mutual obligations of cohabitation, affection, and support, and a spouse who withdraws from the society of the other without lawful cause is bound to return.

12. NO REMARRIAGE / SECOND MARRIAGE: The Defendant has not, to the knowledge of the Plaintiff, contracted any other marriage. remarriage_position. The marriage between the parties subsists in full force and effect and has not been dissolved by talaq, khula, or any decree of court.

13. JURISDICTION: This Honourable Family Court has the jurisdiction to entertain the present suit by virtue of the parties having last cohabited within the territorial limits of this Court / the Defendant ordinarily residing within these limits, and the suit being a family matter listed in the Schedule to the Family Courts Act 1964.

14. LIMITATION: The cause of action for the present suit is a continuing one and accrues afresh each day on which the Defendant continues to withdraw from the society of the Plaintiff without lawful cause. The present suit is filed within the period of limitation prescribed by Article 35 of the First Schedule to the Limitation Act 1908.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of restitution of conjugal rights or any other matrimonial matter before any other forum, save and except prior_litigation_disclosure.

16. CAUSE OF ACTION: The cause of action for the present suit accrued to the Plaintiff on withdrawal_date, when the Defendant withdrew from the society of the Plaintiff without lawful cause, and continues to subsist as long as the Defendant remains away from the matrimonial home.

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 of restitution of conjugal rights directing the Defendant to return to the matrimonial home and to resume cohabitation with the Plaintiff, performing all matrimonial obligations as a spouse;

(b) Direct the Defendant to specify a date by which the Defendant will return to the matrimonial home, failing which appropriate consequences shall follow in accordance with law;

(c) Award the Plaintiff costs of the suit;

(d) Direct the parties to attempt reconciliation through the Family Court / pre-trial reconciliation procedure prescribed under the Family Courts Act 1964; and

(e) 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 16 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