BEFORE THE COURT OF MISS SADIA ASLAM LEARNED JUDGE,

FAMILY COURT RAWALPINDI

Mst. Iqra Luqman and others

VERSUS

Umair Khalid

SUIT FOR RECOVERY OF DOWER AMOUNT RS. 300,000/- IN SHAPE

OF GOLD ORNAMENTS WEIGHING 05 TOLAS, RECOVERY OF

MAINTENANCE

AFFIDAVIT-IN-CHIEF

I, Umair Khalid Son of Sheikh Muhammad Khalid, Resident of

House No. P1508, Mohalla Harri Pura Asghar Mall Chowk, City
Rawalpindi, do hereby solemnly affirm and declare as under:-

That the marriage was solemnized on 02-11-2012 between

Deponent and Plaintiff No.1/Mst. Iqra Luqman. The Nikah was

Registered in accordance, with the provision of Muslim Family Law

Ordinance 1961. At the time of marriage the dower was fixed at Rs.

300,000/- in shape of Gold ornaments. Dower was paid in the shape

of gold ornaments weighing 5 Tolas which has been incorporated in

column No. 15 of registered Nikah Nama. Plaintiff kept the above

mentioned gold ornaments/Dower in her custody at all material times.

Soon after the marriage attitude and conduct of Plaintiff No. 1/Mst.

Iqra Luqman became derogatory and she started to quarrel with

Deponent and his family members on petty house matters and left the

house of Deponent on many occasions without any cause. However,

the Deponent tried his best to keep the marriage intact for the sake of

minor daughter and his marriage life as well. However, Plaintiff No. 1

didnt mend her ways rather got prepared fake audio recording and

spread the same in, the whole family and thereby defamed the

Deponent and his family members. That on 1 st of Ramazan, mid of

June 2015 Plaintiff No. 1 left the house of Deponent by leaving minor

Daughter in control and custody of Deponent and took away all her

belongings items including above mentioned gold ornaments weighing

5 Tolas in a big suit case and left only some of her dowry articles in

the matrimonial home. Deponent sent many Jirgas and made his best

efforts for the settlement however deponents all efforts remained

fruitless and Plaintiff No. 1 refused to join Deponent and lived apart in

self desertion. Ultimately, Deponent divorced Plaintiff on 08-01-2016.

Proceeding under section 7 Muslim Family Law Ordinance were

carried and divorce was declared effective by Salsi Council vide its

decision dated 13-05-2016 Chairman Salsi Council granted

maintenance of period of iddat to Plaintiff No. 1 at the rate of Rs.

3000/- per month and directed Deponent to pay Rs. 9000/- to

Plaintiff. Deponent though cheque No. 476363127 dated 03-05-2016

paid Rs. 9000/- to Plaintiff No. 1 which has been encashed by Plaintiff

No 1. Thus the Plaintiff No.1 is not entitled to any maintenance.

During the proceeding of Talaaq, Plaintiff No.1 filed petition under

section 491 Cr.P.C for the custody of Plaintiff No. 2 in the said petition

she made false assertions yet Honorable Session Judge Rawalpindi

keeping in view the tender age of Plaintiff No. 2 granted custody of

Plaintiff No. 2 to Plaintiff No. 1 on 29-02-2016. Till then Plaintiff No. 2

remained in the custody of Deponent whom he provided all the

necessities of life. Plaintiff No. 1 and her family were repeatedly called

upon to take the dowry articles as mentioned in the attached list thw

written statement, after divorce deed, however they themselves are not

receiving the same. Furthermore Deponent has no independent

business or any property. Deponent is dependent upon his father who

is doing a small business having average income. Deponent is just a

helping hand in the business of his father. However, being father of

Plaintiff No. 2, Deponent is ready to pay maintenance at the rate of Rs.

 2000/- per month since March 2016. As highlighted above Plaintiff

No. 1 has already received maintenance for the period of iddat as per

order of Chairman Salsi Council, whereas Plaintiff kept in self

desertion and did not perform her marital obligations hence she be

disobedient wife is not entitled to any maintenance of alleged period.

DEPONENT

VERIFICATION:-
Verified on Oath on this _____ day of _____/ 2016 that the contents
of this affidavit are true and correct to the best of my knowledge
and belief and nothing has been concealed or withheld thereof.

DEPONENT