The marriage can be dissolved otherwise than by divorce, under the Muslim Family Law. This marriage may be dissolved by the wife when she wants to be dissolved. Despite the marriage will be dissolved through the court case. The jurisdiction of the court to file such a family case is where the plaintiff is residing, the place may be other than the place where the marriage tie. In this article, we will find out the way to filing the suit for the dissolution of marriage. For filing such suit the following documents need to attach with the suit;
- Copy of Marriage certificate (Nikkah nama)
- Copy of Birth certificates of children
- Copy of CNIC
- Power of Attorney behalf of Plaintiff (Wakalatnaama)
A general specimen of the suit for dissolution of marriage is as under;
IN THE COURT SENIOR CIVIL JUDGE, WITH POWERS OF FAMILY JUDGE, (Name of the district)
Blank space for affix the court fees as per law.
Suit No. ______________________________/(year)
Name, Parentage, and Address of the Plaintiff(s)
Name, Parentage, and Address of the Defendant(s)
Suit for Dissolution of Marriage on the Basis of “Khula”
- That the Plaintiff got married to the Defendant on ..-..-…. in accordance with the Muslim Family Law and in the result of consumption of marriage there is no child till day (mention the details of children if any-name, age, and custody).
Copy of the “Nikahnama” is attached to the suit.
(Every case has different circumstances, so, describe briefly to as per actual circumstances. The following are the supposed facts to understand the format only.)
- That the spouse’s resident in the Plaintiff’s parent home after marriage and in the beginning the relationship between the spouses remained cordial. In the meanwhile, it transpired that the Defendant is not a man of good character and nor have the ability to perform his duties. The Plaintiff just to save matrimonial ties requested the Defendant to mend his ways but in vain. After a few months of the marriage, the Defendant became irrational to his matrimonial life and started abuse obscenities to and beaten to the Plaintiff on minor domestic issues.
- That as the Defendant was living with Plaintiff’s parent home, the Defendant taunts, tease, and abuse not only the Plaintiff but also her parents at different times. One day Defendant started to fight with the Plaintiff for no reason and after that, he leaves the house, and till today, he didn’t come back.
- That the Plaintiff tries to trace-out the Defendant through many possible ways and she also tried to contact his relatives, brothers, and sisters to call him back. But all her efforts fail to restart her marital life with him and the still not traced-out to settle down the issues.
- That the Plaintiff had been spent a long time alone for his wait but she could not get any clue to find him out.
- That the Plaintiff along with her elders approached the Defendant’s family to sort out the matter but his family refused to say that he is not in our contact and we don’t know where he is living.
- That the Plaintiff seeks kind intervention of the court to pass an order of divorce on the basis of “Khula” in favor of the Plaintiff and against the Defendant, who has failed to fulfill his responsibilities and left the Plaintiff’s parent house and did not contact till today, hence this suit.
- That the cause of action arose in favor of the Plaintiff and against the Defendant firstly when the Plaintiff discovered the aforementioned objectionable behavior, secondly when the Plaintiff called the Defendant and he was not traced out.
- That the Plaintiff is residing at (name of district), cause of action accrued at (name of district), therefore, this Honorable Court has the jurisdiction to try this suit.
- That the requisite court fee has been affixed on the plaint.
It is, most respectfully prayed under the circumstances mentioned above, that a decree/order of divorce on the basis of “Khula” may kindly be passed in favor of the Plaintiff and against the Defendant with the cost.
Any other relief, if the court deems fit and proper may also be awarded.
Name and address of the counsel
It is verified on oath at (name of district) on 00-00-0000 that the contents of paragraph No. 1 to7 are correct and true to the best of my knowledge and those from para No. 8 to 10 are true to the best of my information and belief.
(the Paras of the suit while filing the suit for dissolution of marriage may be varied upon facts or circumstances of the cases, the plaintiff may also be claimed the maintenance)