With humble submission, the instant suit was initially filed in Civil Judge-1/JFC,2.D.I.Khan by the plaintiff namely S…… against me O….. for the following reliefs.
1.Dissolution of Marriage.
2.Recovery of Haq Mehr/Dower amounting Rs.50,000/-.
3.Recovery of maintenance @ of Rs.5000/-per month for the period of past 02 months & also further maintenance till her Iddat period.
4.Recovery of 10 Tola gold ornaments or its Market Value.
5.Recovery of dowry articles according to list annexed with the plaint.
6. Plaintiff is entitled to possession of the share of 1/5 through the partition of the suit house.
Dated.24-01-2017.Pr-trial reconciliation was conducted between us & the Marriage has been dissolved by invoking power under Section.10(4) of West Pakistan Family Court Act,1964 without any Solid, Proven reason & counter Sign of Me & She.
Dated.10-01-2020 the suit is decreed partially in the following manner.
1.Decree for the maintenance of iddat period @ Rs.5000/-per month(Total Amount.Rs.15000/-).
2.Decree for recovery of dowry articles according to a list annexed with the plaintiff or its half market value.
3.A preliminary decree possession of House through partition is hereby passed in favour of the plaintiff to the extent of her share as prayed for.
The Rest of the claims stand dismissed for want of proof.
Family & Appelant court has mentioned the Detail Judgement.
1.It is held that the plaintiff has not proved the alleged torture & Plaintiff is a self-Deserted lady.
2.It is held that the plaintiff was given gold ornaments at the time of Marriage & are still in her possession.
I alleged that my father Abdur Rasheed Saddozai Late.(DW-02) was not the owner of the house at the time of my Marriage.My father had transferred the house to my elder Brother before my Marriage in 1996,So i could not transfer the house to the plaintiff.Mr.Brother Tahir Rasheed owner of the House has sold the House.Nikah Registrar.Mr.Yousaf was a witness from S……M.They have mentioned the house share false sentence by own,We have also submitted Documentary proof with Patwari witness Mr.A……
S….. left my house in my absence & Keep 15 Tola Gold etc with her & file the suit of Khula /Dissolution Marriage also Got Married on Dated.15-02-2018 with Syed Intaizaar Mehadi S/O.Syed Bashir Hussain Shah,Basti Diwala,Askari House Near Firdous Masque Dera Ismail Khan.Mr.Syed Intaizaar Mehdi is Scribner of Mr.Sohail Abbas who is the current lawyer of S………
The source of income of Mr.Syed intaizar Mehdi is not sufficient to give 20 tola Gold ornaments.Because he paid Cash Amount of Rs.5000/- Haq Mehr out of Rs.100000/- mentioned in his Nikah Nama.Nikah Nama of Mr.Syed Intaizar Mehadi With S……M annexed for evidence.
I have Refiled the suit of Dila Paaney in Civil Court 2.Dera Ismail.Khan.O…… Saddozai.V/S.S….M
1.Recovery of Haq Mehr.Rupees.50,000.
2.Recovery of Gold .15.TOLA.
3.Recovery of Cash Amount.150,000.
We are still awaiting Jawab Dawa from Her side.
Kindly Guide me in Islam Or in the Law where mentioned that female has right to get Decision of Khula in her favor without any solid proven reason & Without calling Union council also has legally right to receive each & every Benefits mentioned in the Nikah Nama also Got married with her likes one with my Gold ornaments & Cash amount.Who will Return my Gold & Cash Amount etc.
Marriage & Nikah Nama is an agreement between the parties. In the current Family Law there is no protection of Male. Because when a Female wants to Dissolve the Marriage she Keep Gold ornaments etc & Got Married with her likes one.Doors are open for Female to take Khula & receive each & every benefit mentioned in the Nikah Nama.
It is requested on the Basis of Above real facts that Yours competent authority must Revisit, consider & support me in the suit sympathetically on the Basis of Merit about the solution Because she is serving a happy married life with her loved one with my Gold ornaments etc.
It is further requested that yours Honorable personality must recommend to concern Authority the Current family laws for amendments as under.Because I am financially & Mentally suffering a lot.
1. Honorable courts must be fully tried to restrict the way to Dissolution of Marriage.
2.Before the Dissolution of Marriage Issues must be resolved with solid evidence.
3.Union council findings mentioned in the Khula Certificate by the signature of Both the parties
4.Dissolution of Marriage must be ordered by the Courts with the countersigned of Parties & witnesses.
I do hope my Request & suggestions will be Recommended to Revisit my suit on the Basis of Merit to save the families from Destructions.
Thanks & Regards.
Gull Hassan Khan
We have posted your suggestion here, But if you are really interested in the amendments in family Laws, you should file a writ petition before High Court through a lawyer.
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