IN THE COURT OF ___________________
LEARNED FAMILY JUDGE, ISLAMABAD (WEST)
Mrs. [Name Withheld] and another
Versus
Mr. [Name Withheld]
SUIT FOR RECOVERY OF DOWER AND MAINTENANCE ALLOWANCE
AFFIDAVIT / EVIDENCE ON BEHALF OF PETITIONER
I, Mrs. [Name Withheld], wife of [Name Withheld], daughter of Haji [Name Withheld], resident of Islamabad, do hereby solemnly affirm and declare on oath as under:
- That Plaintiff No.2 is a minor and is filing the present suit through her mother (Plaintiff No.1), who is her natural guardian and has no adverse interest against her.
- That Plaintiff No.1 was married to the defendant on 28.06.2013 in Islamabad according to Muslim rites and ceremonies, against a dower comprising 10 tolas of gold ornaments (valued at approximately Rs. 500,000/-) and a residential plot situated at Sector I-15/4, Islamabad. However, only 08 tolas of gold ornaments were delivered, and the said plot has not been transferred to Plaintiff No.1. Hence, this suit.
- That after marriage, the parties resided at Bhara Kahu, Islamabad. The initial six months were relatively peaceful; however, thereafter, the defendant’s conduct deteriorated, revealing his harsh temperament. It is worth noting that this was the defendant’s second marriage, having divorced his first wife, with whom he has two children.
- That during the period of cohabitation, the defendant frequently used abusive and derogatory language against the deponent. Despite repeated requests to maintain a harmonious relationship, the defendant continued his misconduct. Additionally, the defendant’s family—including his mother, sisters, and brother-in-law—interfered and created a toxic environment, causing severe emotional distress to the plaintiff.
- That from the wedlock of the parties, a daughter named [Name Withheld], aged approximately one year, was born and is currently under the custody of the deponent. Despite being legally bound, the defendant has never shouldered any financial responsibility towards either of the plaintiffs. The deponent also took care of the defendant’s children from his previous marriage, although she was under no legal obligation to do so.
- That throughout the marriage, the defendant continuously neglected his responsibilities. He never paid maintenance to the plaintiffs, nor did he fulfill his legal and moral duties. Despite enduring psychological and emotional abuse, the deponent tried her best to save the marriage.
- That on several occasions, the defendant abandoned the deponent. In April 2015, he physically assaulted her and dropped her and Plaintiff No.2 at her mother’s residence. Since then, both plaintiffs have been residing there.
- That the defendant is gainfully employed at the Chinese Embassy in Islamabad as an interpreter and also engages in property dealings. His monthly income exceeds Rs. 300,000/-.
- That despite repeated demands, the defendant has failed to pay the agreed dower and has neither delivered the gold ornaments in full nor transferred the designated plot to the plaintiff.
- That the plaintiffs are lawfully entitled to claim the following maintenance:
a. Rs. 20,000/- per month as maintenance allowance for Plaintiff No.1 from April 2015 onwards, with reasonable increases over time.
b. Rs. 15,000/- per month as maintenance allowance for Plaintiff No.2 from April 14, 2015, onwards, with reasonable increases over time.
- That repeated requests were made to the defendant to fulfill his legal obligations regarding dower and maintenance, but he refused to do so. Hence, this suit.
- That the plaintiffs respectfully request this Honourable Court to kindly decree the suit in their favour as prayed for.
DEPONENT
Verified on oath at Islamabad on this ____ day of ___________ 20___ that the contents of this affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.
Deponent: ___________________
Mrs. [Name Withheld]