Ashraf Masih Suit For Disalutin 12.10.09

 

lIN THE COURT OF SENIOR CIVIL JUDGE LAHORE

Ashraf Masih S/o Rehmat Masih R/o House No. 530-H Farooqia Colony Colony Jahanzib Block Allama Iqbal Town, Lahore.

APPELANT

Vs

 Nazia Bibi W/o Ashraf Masih R/o House No. 30 Najaf Colony Bhekewall, Lahore.

RESPONDENT

SUIT FOR DISSULATION OF MARRIAGE U/S 10 OF CHRISTIAN DIVORCE ACT:

Respectfully Sheweth:

1. That the Pet Petition itioner er was unma unmarried rried wit with h the Respo Responden ndentt on 15.04.2 15.04.2005 005 that the copy of marriage deed is appended here with for kindly  perused of Court with the the Petition.

2. That du during ring th this is wed la lack ck two ch childre ildren’s n’s were b born orn Mon Monii Amina aand nd Faizan Ashraf who are under the custody of the respondent.

3. That the res respond pondent ent live lived d with the Pet Petition itioner er as her legal we wedded dded wife wife in the beginning of our wedded life defendant had relation with some il illl re repu pute ted d pe perso rsons ns,, bu butt wh when en it co come me in into to my kn know owle ledg dge. e. Th Thee Petitioner tried to stop her but the respondent remain intact with those

 

ill reputed unknown persons, when ever the Petitioner tried to stop her  to keep her self away from the company of those the respondent always create a situation of quarrel and its become routine when ever  any one of my family request her to keep your self away from those  persons respondent always always leave the house.

4. Th That at onc oncee the the Pe Peti titi tion oner er wa wass ou outt for for wo work rk prox proxim imat atel ely y at 5.00 –oclock the petitioner was crossing in the streets of Gulberg there the  petitioner saw the respondent coming out from a house along with an unknown person where as before going to work Petitioner left the respondent at my home, it make the Petitioner conscious, then the Petitione Petit ionerr tried to catc catch h them but unfor unfortunat tunately ely because of the heavy traffic Petitioner did not succeeded to catch them and reached back to his home as soon as possible but respondent was not at home at that time then the petitioner acquire about her from other family members they told that she left the house by saying so that she’s going to met one of her friend soon after you left for work, at that time it come into the mind of petitioner that respondent was committing adultery with that unknown person.

5. Th That at wh when en the the resp respon onde dent nt retu returne rned d to ho home me Pe Peti titi tion oner er aske asked d th that at where she was respondent tell that she was went to meet on of her  friend then the Petitioner asked the respondent that today I saw you with some one there you were coming out with him, from his house, what was you doing there; in return the respondent started hue and cry and said so that I loved him, you cannot stop me to meet him, I will do any thing that I wanted to do this kind of answer, doudt of Petitioner 

 

turn into a reality there after respondent after quarreling left the house of Petitioner along with children’s and never came back.

6. That the Pe Petitio titioner ner trie tried d his best to find ou outt that perso person n after that ev event ent when the Respondent left the house, the Petitioner tried his best to find that unknown person but all Petitioner’s efforts gone in vain in th this is pr proc oces esss pe peti titi tion onss we went nt ag agai ain n at th that at pl plac acee as ab abov ovee said said to investigate who was he ? and investigated about that person from the  peoples of locality but nothing came into my hands the persons of  locality loca lity told that a person namel namely y Sadiq or Shafiq was lived there on rent alone few days before he left the h house ouse we never saw him again. again.

7. Th That at th thee wo word rdss of resp respon onde dent nt an and d di disa sapp ppea earin ring g of th thee ab abov ovee said said  person and all other circumstances created a complete belief that re resp spon ond den entt is ind ndu ulged lged in ad adu ulte ltery wit ith h th that at pe pers rso on al alll th thee circumstances and conditions are telling that the respondent is living a sinful life of vagabond and adultery, while two years estimatedly are  passed and Respondent not even once tried to come to meet the Petitioner while the Petitioner tried his best to rejoin her.

8. That it iiss to clea clearr from the at attitud titudee of Respo Respondent ndent tthat hat she is lleadin eading ga life of an adultery which is very difficult to bear by the Petitioner and know it is not possible by the Petitioner to rejoin with the respondent as a wife in this land of GOD.

9. That th there ere is no con connivan nivance ce and col collusio lusion n betwe between en the spo spouses uses and th thee spouse spo usess now can cannot not liv livee tog togeth ether er wit with h eac each h oth other er bei being ng Chr Christ istian ian husband and wife in the prescribed limits of GOD omnipotent.

 

10.That 10.Th at cau cause se of act action ion fir firstl stly y acc accrue rued d whe when n res respon ponden dentt dev develo eloped ped concubinary relations with unknown persons and left the house to live a sinful life. Which is continuing.

11.That spouses lastly resided together at Lahore where the cause of  action also accrued, hence this Honorable Court has the jurisdiction to entertain and adjudicate upon the matter.

12.That a prescribed court fee Rs.20/- has been affixed upon the plaint.

Prayer  Under these circumstance, it is mot res respectfully prayed that a decree ree for  for  diss dissol olut utio ion n of ma marri rriag agee in favo favour ur of th thee Petitioner and against the respondent may kindly be passed, on the basis of adultery commi co mmitt tted ed by th thee resp respon onde dent nt al alon ong g wi with th unknown persons and desertion.

APPELANT

Through

Muhammad Kamran Advocate High Court Siddiquei Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

Verification Verified on oath at Lahore on this __ day of October 2009 that the contents of the above Para No. 1 to 9 are correct and true to the best of my knowledge and nothing has been concealed those of from 10 to 12 are true and correct to the best of my information and belief.

RESPONDENT