IN THE COURT OF ____CIVIL & FAMILY JUDGE

KARACHI (CENATRL)

FAMILY SUIT NO. OF 2024

SYED SHOAIB ASKARI

S/o. Syed Askari Mehdi,
Muslim, Adult,
Resident of House No. 3/446-A,
Liaquatabad No. 03,
Karachi. …. APPLICANT

VERSUS

AZOOBA ALI
D/o Syed Wasit Ali,
Muslim, Adult,
Resident of House No. 3/275,
Liaquatabad No. 03,
Karachi. …. RESPONDENT

APPLICATION FOR RESTITUTION OF

CONJUGUL RIGHT

1. That the applicant is law abiding, peace loving and an

educated person who belongs to a very noble and literate

family. The applicant is permanently residing at the

aforesaid address since long.

Photocopy of CNIC and Utility Bill is

annexed herewith and marked as
Annexure “A/1” & “A/2” respectively.

2. That the Plaintiff married the defendant on 05.01.2020 at

Karachi under the provisions of the Muslim Family Laws

Ordinance, 1961 and Muslim Hanafi School of Thoughts,

against a dower in shape of Gold 5 tola which is paid by

the applicant which is in the custody of respondent.

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Photocopy of CNIC, Nikahnama and K.E. Bill

is annexed herewith and marked as Annexure
“A/1” to “A/3” respectively.

3. That out of the said wedlock one baby boy namely Syed Balaj

Askari was born.

Photocopy of Birth Certificate is annexed

herewith and marked as Annexure “C”.

4. That the applicant always tried to keep the respondent happy

and provided all the necessities of life.

5. That on 12.06.2024 the respondent stole all the cash from the

house amounting to Rs. 1,500,000/- to Rs. 2,000,000/-, all the

Gold ornament amounting to Rs. 2,000,000/- and other valuable

items from the house of applicant and called her mother, brother

and uncle and loaded all the things in a Suzuki Pickup and went

to her mother’s house and started blackmailing the applicant to

gift her the matrimonial house otherwise she will not come back

and will never let the applicant meet his beloved son, not only

this, the respondent had also threatened the applicant that she

will remove the minor from current address and will shift to a

new address and the applicant can never meet his son.

6. That it would not be out of place to submit here that the

respondent contracted her third marriage with the applicant

whereas the applicant contracted his first marriage with

respondent.

7. That it is worth mentioning to submit here that the mother of the

respondent is also a Divorcee and is very harsh lady who have

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no emotions about the marriage. Even, the brother of the

respondent had also divorced his wife.

8. That the applicant tried to provide all necessities of life to the

respondent and gave all the love and affection but the attitude of

the respondent was very harsh towards the applicant since the

day-one and she used to misbehave and quarrel on petty

issues.

9. That the applicant always wants to save the marriage as he

loved his wife and child. The applicant kept on tolerating the ill-

attitude of the respondent but she did not mend her ways and

things went from bad to worse. Even the respondent had also

raised her hand over the plaintiff but the plaintiff being a decent

man did not raised his hand but pronounced a single Divorce to

respondent.

10. That the applicant tendered his utmost love and affection not

only to respondent and minor and provided all such necessities

of life to them. It is important to submit here that the applicant

have also provided marvelous and meritorious education to the

minor in a very well-known and leading school of the city. The

applicant is engaged in multiple businesses since for the last so

many years but he never showed his negligence or oblivious

towards providing all necessities of life to the respondent and

the minor has no concern with the business activities and affairs

of the applicant as he has fulfilled all his obligations towards the

respondent and minor.

11. That the mother of the respondent and her other relatives are

very casual about divorce and they do not have any issue with
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the same and even did not care to mend their ways to prevent

divorce, it is to submit here that the mother, brother and even

uncle of the respondent are divorced, not only this the other

uncles of the respondent do not meet with the respondent and

her family members due to their habit of frequent divorces.

12. That the applicant tried his level best to reconcile the matters

between the applicant and respondent and in this regard, the

applicant had variously approached respondent through phone

calls, WhatsApp messages, physically but all in vain, even the

respondent started showing her true colors over WhatsApp

messages by not only lying but by obnoxious demands.

Printout of WhatsApp messages are annexed

herewith and marked as Annexure “D/1” to
“D/___” respectively.

13. That unless the application is allowed the life and liberty of the

respondent is in great jeopardy and their lives are bound to be

ruined.

14. That the respondent has also threatened that she would get out

the minors from the School where they are at present studying

and get admitted in some other school which fact shows that the

respondent is not interested in welfare of the minor.

15. That it would not be out of place to submit here that the present

advocate for the plaintiff contacted the respondent in order to

patch things up and to reconcile but the mother of the

respondent very calmly said that the plaintiff must either gift the

matrimonial flat and cash to the respondent or simply divorce

her.

16. That cause of action arose firstly when the Respondent left the

Applicant along with minor and since then, she did not
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contacted with Applicant, secondly when the Applicant tried

several times to make contact with the respondent but the

respondent is doing nothing but just wriggling out the matter

from one pretext to another and the same is continued till filing

of the suit.

17. That the residence of the Applicant is within the territorial

limited of Police Station ____________________, which is

within the jurisdiction of this Honorable Court has the

jurisdiction to try and entertain this matter.

18. That the proper Court fee has been affixed on the Plaint.

PRAYER

It is therefore, most humbly and respectfully, prayed on

behalf of the abovenamed Applicant that this Honorable Court

may graciously be pleased to pass Judgment and Decree in

favour of the Plaintiff and against the Defendant as under:

i) Direct the Respondent to join the Applicant in his

matrimonial home.

ii) Grant costs of this suit;

iii) Any other relief or reliefs which this Honourable Court

may deem fit and proper under the circumstances of the
case.

APPLICANT
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ADVOCATE FOR THE APPLICANT

Karachi
Dated: .10.2024
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VERIFICATION

I, SYED SHOAIB ASKARI S/o. Syed Askari Mehdi, Muslim,

Adult, Resident of House No. 3/446-A, Liaquatabad No. 03, Karachi,

do hereby state on oath and solemn affirmation that whatever is

stated in the aforementioned paragraph is true and correct to the

best of my knowledge.

DEPONENT

Identified by me.

ADVOCATE
Solemnly affirmed on Oath before me at Karachi on the
______day of October, 2024, by the Deponent abovenamed, who is
identified to me by MRS. MEHREEN RAIS, Advocate, who is
personally known to me.

COMMISSIONER FOR THE TAKING AFFIDAVITS

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IN THE COURT OF CIVIL / FAMILY JUDGE

(CENTRAL) AT KARACHI
Family Suit No: of 2024

SYED SHOAIB ASKARI. …. APPLICANT

VERSUS

AZOOBA ALI. …. DEFENDANT

LIST OF WITNESSES

1.

In case of death of the Plaintiff, his witness No: 1 mentioned

above shall intimate to this Honorable Court.

Karachi
Dated: .10.2024 ADVOCATE FOR THE APPLICANT