Here I will discuss about the modal draft of a civil suit for getting divorce in Muslim Marriage. The present suit has been filed by a muslim husband against a muslim wife.

In the Hon’ble court of Add. Civil Judge Sr. Div. __________

Jamshed Khan ………Plaintiff.

VERSUS

Smt. Afsana …….Defendant

Suit for declaration for dissolution of marriage

Respected Madam,

The plaintiff very respectfully submits as under :-

1. That the Nikah/marriage of the plaintiff was solemnized on 25-05-2015 as per the Muslim rites and ceremonies in the presence of relatives and family members with defendant. The said marriage of the plaintiff and defendant was performed in a very simple and idle manner. However in the said marriage of the plaintiff and defendant, the parents of the plaintiff gave 20 Gram golden ornament and 1 Kg silver ornaments to the defendant.

2. That after the marriage, the defendant started resides at ________, with the plaintiff as his legally wedded wife and where they consummated their marriage. Out of wedlock of above said marriage one girl child was born out.

3. That since the first day of the marriage, the behavior of the defendant was very cruel towards the plaintiff and the defendant never pay regard either to the plaintiff or to the elder members of the family of the plaintiff and his parents. The defendant also never performed her household duties and she never prepared food on time and she never did the household work. That the defendant always stated that she has wrongly been married with the plaintiff by her parents. The defendant from the first day of marriage used to pick up quarrels with the plaintiff and other members of the family without any sufficient reason and used to insult the plaintiff in presence of his friends and relatives. The defendant used to taunt upon the plaintiff that she not like the plaintiff and she does not want to reside with him under one roof.

4. That the Defendant used to go to her parental house on several occasions without the consent and permission of the plaintiff. The defendant pressurized the plaintiff to live separately from his parents and the plaintiff tried his best to keep the Defendant properly but the defendant pay no heed to the plaintiff and started living separately and despite of this the defendant continued her unwarranted activities shamelessly. The plaintiff also requested the parents of the defendant to make understand the defendant but they also did not pay any heed on the request of the plaintiff.

5. That lateron it came into the knowledge and notice of the plaintiff, that the defendant has illicit relation with one ______ resident of ________ and when the plaintiff tried to understand her and asked her not to do such things in his absence then the defendant gave threat to commit suicide and also threat to falsely implicate the plaintiff and his family members in such type of false case. The even after understand the defendant about not to do such things the defendant did not change her behavior and she used to talk on phone with said _____. The said _____ also sent photographs, call recording on the whatsapp of the plaintiff and the said photographs and call recording shows the illicit and sexual affair of the defendant with him.

6. That the defendant left the house of the plaintiff in month of March, 2019 without any consent and permission of the plaintiff and since then the defendant is residing at her parental house. That at the time of leaving the house of the plaintiff the defendant also taken away all the golden and silver ornaments with the her.

7. That after desertion of defendant from her matrimonial home, the plaintiff several times visited to the parental house of the defendant to bring her back to her matrimonial home but in vain. That after refusal of the defendant to join the company of the plaintiff, the plaintiff also conveyed a Panchayat at the house of defendant and requested the defendant to come back to join the company and society of the plaintiff and to live with him at her matrimonial house but the defendant finally refused to do so on or about 31-03-2021, hence this is the date on which the cause of action finally accrued to the plaintiff for filling this suit. Hence this suit.

8. That the defendant has deserted the plaintiff without any sufficient cause and reason and had left her matrimonial home and refused to continue the conjugal company of parties to the suit. Therefore, the plaintiff has no option except to dissolve the marriage with the defendant by getting a decree of divorce.

9. That the present plaint is being filed by the plaintiff for seeking a decree of divorce for dissolution of his marriage with the defendant.

10.That the parties to the suit was lastly resided within the territorial jurisdiction of this Hon’ble Court and the plaintiff is still residing within the territorial jurisdiction of this Hon’ble Court, hence this Hon’ble Court has got jurisdiction to the try the present suit.

11.That the value of the suit for purpose of court fee is assessed Rs. 200/- on which a fixed court fee of Rs. 25/- has been paid on the plaint.

12.That the plaintiff therefore prayed to this Hon’ble Court, to pass a decree for declaration to the effect that the marriage of the plaintiff and defendant has been dissolved and the same is null and void and there exists no relationship of husband and wife between the parties and both the parties to the suit are independent in their life and shall alive as per their choice separately in future, may kindly be passed in favour of the plaintiff and against the defendant with costs of this suit.

Or such relief which this Hon’ble Court deems fit and proper may also be awarded in favour of the plaintiff and against the defendant, in the interest of justice.

Verification:- Verified that the contents of para no. 1 to 11 & 14 of the suit are true and correct as per my knowledge and belief and para no. 12 and 13 are true as per my belief. Verified on dated ________.

Plaintiff

Jamshed Khan

Through Counsel

(Affidavit in support of plaint)

In the Hon’ble Court of Add. Civil Judge, Sr. Div. Hathin.

Jamshed Khan vs Smt. Afsana

Suit for Declaration for dissolution of marriage

Affidavit

I, Jamshed Khan ____________________, do hereby solemnly affirm and declare as under :-

1. That the deponent has filed the present suit before this Hon’ble Court and the contents of which may be read a part and parcel of this affidavit.

2. That the all contents of the suit have been explained and read over by my counsel to me in simple Hindi version which are accepted by me as true and correct and then I have signed the plaint.

Deponent

Verification :- Verified that the contents of this affidavit are true and correct to the bet of my knowledge and belief and nothing has been concealed therein. Verified at

Deponent