AMENDED WRITTEN STATEMENT
IN THE COURT OF XVTH CIVIL & FAMILY JUDGE,
KARACHI (EAST)
Family Suit No. 927 of 2022
Mst. Amna Tariq ………. Plaintiff
Versus
Muhammad Qaseem Paracha ………. Defendant
WRITTEN STATEMENT
It is respectfully submitted by the Defendant as follows:-
PRELIMINARY OBJECTIONS:
That the above suit is liable to be dismissed on all or any of the following
grounds, amongst others, viz:-
A. That the plaintiff has no cause of action to institute and maintain the
instant suit.
B. That the prayers made in the above suit are barred by law.
C. That this court have no jurisdiction over to decide the above mentioned
suit as the Plaintiff is not residing at the above mentioned address and
concealed this fact with this Hon’ble Court, even that the address of the
defendant mentioned on the plaint is incorrect the correct address of the
Defendant is House No. R-1183, Block-16, F.B Area, Karachi therefore, it
is liable to be dismissed with cost.
D. That the suit being frivolous, baseless, vexatious and filed with malafide
intention is liable to be dismissed at the initial stage to save the Defendant
from further harassment and to save the precious time of this Hon'ble
Court.
E. That the plaintiff has not come with clean hands before this Hon’ble Court
and the allegations contained in the plaint are baseless and malicious
against the defendant in order to pressurize and blackmail him.
F. That the above suit is based on absolutely incorrect, false and baseless
grounds and hence liable to be dismissed with cost.
Without prejudice to the above, it is further submitted by the defendant as
follows: -
1. That in view of the above legal objections as to the maintainability of the
suit, the above suit being still born is liable to be buried at the initial stage to
save the precious time of this Hon’ble Court and to save the defendant from
further hardship, loss, damages and inconvenience.
2. That the abovementioned legal defects (paragraphs A to F) demolish the
case of plaintiff and therefore, the instant suit is liable to be dismissed with
special cost.
Without prejudice to the above while reserving all rights to file all such
additional documents the para – wise reply of the plaint is as under:-
3. That the contents of Para 1 is formal hence need no reply.
4. That the contents of paragraph no. 2 of the plaint are partially admitted to
the extent of solemnization of marriage on 14.12.2020 at Karachi against
the dower amount of Rs. 100,000/- It is submitted that the dower amount
has been paid in shape of cash to Plaintiff in presence of Nasreen Tariq
(mother of the plaintiff) Zoya Khalid (Sister in law of the plaintiff) Khalid
uz Zaman (brother of the plaintiff) M. Saleem Paracha (Father of the
Defendant) & other family members. Further submitted that the defendant
after consummation has demanded the dower amount from the plaintiff
which has been paid in a dinner arranged by the defendant for the family
members in whole.
5. That the contents of Para No. 3 and 4 of the plaint are incorrect, false,
baseless, misleading and malicious hence the same are denied. The plaintiff
is put to strict proof thereof. It is submitted that after marriage/ rukhsati the
basic needs/ requirements of defendant were fulfilled by the plaintiff and
she was adequately maintained by the Defendant. Further submitted that
Defendant showed himself as good, loyal and faithful husband the plaintiff
and his family members after some time quarrel with defendant with petty
issues. That it is further submitted that from the very beginning of the
marriage the husband and wife was living a very happy life and during the
entire period of marriage not a single incidence of disagreement was
witnessed on part of defendant but as the time laps, the behavior and attitude
of the parents and siblings of the plaintiff and the plaintiff herself changed
their behavior towards defendant and his family members, which is never
good as acceptable towards the defendant but as a god fearing person and to
save the relationship the defendant has Bourne their improper and
humiliating attitude and never caused any complain.
6. That the contents of Para No. 5 is admitted.
7. That the contents of Para No. 6 to 8 of the plaint are incorrect, false,
baseless, misleading and malicious hence the same are denied. The plaintiff
is put to strict proof thereof. That on 26.11.2021 the defendant was on
dinner table having dinner and the plaintiff also having the dinner and
complaining that the mother of the defendant refused to give permission to
Plaintiff to go her mother house in a Birthday Celebration, the defendant
politely told her that she refused due to pregnancy which needs much
caution and care and it’s too late to go to her house, during that the plaintiff
left her mobile phone on the dinner table and go to request again to her
mother in law, it was around 12:30 AM on 27.11.2021 the defendant on
constant messages from Zoya Khalid (sister in law of plaintiff) checked her
phone and shocked to read very abusive language without any valid cause
on which the defendant taken screen shots of the chats to show this to his
family and immediately ask his father to call plaintiff father, on showing
such messages the defendant made a call to plaintiff father and asked to
come to his immediately, after around 3 hours the brother and father of the
plaintiff came to defendant house and instead of any apology brother of
Plaintiff misbehaved with the Defendant and his father and said that they
will meet the Defendant in the Court. However, the Defendant kept on
trying for the reconciliation but their family influenced the defendant to
break the marriage and thus detained the plaintiff to her parents’ house.
(Copy of What’s App Chat’s are attached and marked as Annex “A/1”,
“A/2”, “A/3”, “A/4)
8. That the contents of paragraph no. 6-A of the application is partially
admitted to the extent of the minor was born in June 2022 for which all the
expenses were borne by the Plaintiff’s family. It is submitted that the
Defendant offers to admit the Plaintiff in a known hospital wherein the
Maximum Expenditures would be around Rs. 30,000/- of Delivery Charges,
it is submitted that the receipts attached with the amended plaint also
reflects the amounts of Rs. 31,000/-.
9. That the contents of paragraph no. 6-B of the application of the plaintiff are
incorrect, false, baseless, misleading and malicious hence the same are
denied. The plaintiff is put to strict proof thereof. It is submitted that the
Plaintiff No. 2 baby Minahil Paracha is not in a age to get admission in
school and the annexures provided P/9 and P/10 are just details of admission
as such denied and put to strict proof.
10. That the contents of paragraph no. 6-C of the application are partially
admitted to the extent of Divorce against the dower amount of Rs. 100,000/-
It is submitted that the dower amount has been paid in shape of cash to
Plaintiff in presence of Nasreen Tariq (mother of the plaintiff) Zoya Khalid
(Sister in law of the plaintiff) Khalid uz Zaman (brother of the plaintiff) M.
Saleem Paracha (Father of the Defendant) & other family members. Further
submitted that the defendant after consummation has demanded the dower
amount from the plaintiff which has been paid in a dinner arranged by the
defendant for the family members in whole. It is submitted that the
Defendant in the tough times of inflation cannot afford Rs. 15000/- as Iddat
period maintenance when he is already paying Rs. 6000/- as Maintenance of
Plaintiff No. 2.
11. That the contents of paragraph no. 6-D of the application is partially
admitted to the extent of the plaintiff no. 3 is a Son of Defendant. It is
submitted that the Defendant is the employee of District Municipal
Corporation (DMC) at Karachi. It is submitted that the defendant is having a
sum of Rs. 38,800.0 as net pay in hand and who is the only person who
earns bread and butter for his family. It is pertinent to mention here that the
father of the defendant is a retired person from the same Govt. Office on
19.05.2021 and mother of the defendant is also old infirm lady who needs
constant medical assistance which is also barred by the defendant.
12. That the contents of paragraph no. 6-E of the application is incorrect, false,
baseless, misleading and malicious hence the same are denied. The plaintiff
is put to strict proof thereof. It is submitted that on 13.09.2022 Plaintiff
called the Defendant and offer to meet the Babies and asked to returned the
CNIC which is already delivered to the Plaintiff Mother on the said date.
13. That the contents of paragraph no. 9 of the plaint are partially admitted to
the extent of the Defendant is the employee of District Municipal
Corporation (DMC) at Karachi. Rest of the contents are denied being
incorrect and false and baseless. It is submitted that the defendant is having
a sum of Rs. 38,686.0 as net pay in hand and who is the only person who
earns bread and butter for his family. It is pertinent to mention here that the
father of the defendant is a retired person from the same Govt. Office on
19.05.2021 and mother of the defendant is also old infirm lady who needs
constant medical assistance which is also barred by the defendant.
(Copy of Salary Slip, Order of Retirement and Medical Slip of Mother
is attached and marked as Annex “B/1”, “B/2”, “B/3”)
14. That the contents of Para No. 10 to 11 of the plaint are incorrect, false,
baseless, misleading and malicious hence the same are denied. The plaintiff
is put to strict proof thereof. That when the Defendant came to know about
it he tried very hard to save the marriage and in this regard he contacted
father of the Plaintiff but he refused so on 19.04.2022 the defendant send
Divorce Deed to the Plaintiff at her residence (which was duly received)
after all his efforts went in vain. That it is submitted that the defendant is
ready to maintain his children as per his income.
(Copy of Divorce Deed dt. 19.04.2022 is attached and marked as Annex
“C”)
15. That the contents of plaint are vehemently denied and the plaintiff is put to
strict proof thereof. It is specifically denied that any cause of action has
accrued for filing the above suit hence, the suit being without cause of
action is liable to be dismissed with cost.
16. That the contents of prayer of the plaint are incorrect and are denied. It is
specifically denied that the plaintiff is entitled to any or all of the relieves as
claimed. It is submitted that the plaint contain false, baseless, fabricated and
vexatious allegations to the knowledge of the plaintiff and as such the
instant suit is liable to be dismissed and the answering defendant is entitled
to be paid compensatory cost.
PRAYER
It is, therefore, prayed in the interest of justice, equity and good
conscience that this Hon’ble Court may be pleased to dismiss the above suit with
compensatory cost.
DEFENDANT
Karachi ADVOCATE FOR DEFENDANT
Dated:
VERIFICATION
I, M. Qaseem Paracha son of M. Saleem Paracha, Muslim, adult,
resident of House No. R-1183, Block-16, F.B Area, Karachi, do hereby verify
on oath that whatever has been stated hereinabove are true and correct to the best
of my personal knowledge, belief and information.
Karachi; DEPONENT
Dated:
The deponent above-named is identified by me before the commissioner
for taking affidavits.
ADVOCATE
Sworn on oath before me at Karachi on this the ___ day of November
2022, by the deponent above named, who is identified to me by Mr. Syed
Muhammad Abdul Kabir, Advocate, who is personally known to me.
COMMISSIONER FOR TAKING AFFIDAVITS
Documents filed : Annexures “A/1” to “C”
Documents relied upon : Original of above and other
documents
Address of the defendant: Same as in Written Statement.
Address of counsel for
Defendant : Syed Muhammad Abdul Kabir Advocate
308, Asad Chambers,
Shambunath Street,
Near by Saddar Passport Office,
Karachi.
Phone: 0300-9240666
IN THE COURT OF XXVth FAMILY JUDGE
AT KARACHI (EAST)
Family Suit No. 927/2022
Mst. Amna Tariq …………..…………..………………………………Plaintiff
VERSUS
M. Qaseem Paracha…………………………………………………Defendant
COUNTER AFFIDAVIT TO THE APPLICATION UNDER SECTION 17-A
OF FAMILY COURT ACT, 1964
That the Defendant named above respectfully submits as under:
1. That I am the Defendant in the above mentioned suit well conversant with
the facts of the case.
2. That the Plaintiff(s) filed a suit on 05.03.2022, after which the Defendant
filed Written Statement and after arguments on Application U/s 17-A of
Family Act the Hon’ble Court pleased to Order the Interim Maintenance
of Plaintiff No. 2 Baby Minahil Paracha of Rs. 6000/- and in compliance
of Order of this Hon’ble Court, Defendant is submitting Interim
Maintenance regularly.
(Copy of Deposit Slip is attached and marked as Annex “A”)
3. That the Plaintiff No. 3, Muhammad Muzamil (Son) was born in June
2022, It is submitted that the defendant is having a sum of Rs. 38,800.0 as
net pay in hand and who is the only person who earns bread and butter for
his family. It is pertinent to mention here that the father of the defendant is
a retired person from the same Govt. Office on 19.05.2021 and mother of
the defendant is also old infirm lady who needs constant medical
assistance which is also barred by the defendant as such cannot afford Rs.
12000/- per month as such respectfully prayed to recall the Order dt.
10.05.2022 and fix the interim maintenance as Rs. 3000/- each child.
(Copies of Nazir Receipts, Utility Bill and Medical Receipts are
attached and marked as Annex “A/1” to “C/4”)
4. That in view of above submissions, this Hon’ble Court may be pleased to
dismiss the under reply application Under Section 17-A and may be
passed order to fix the interim maintenance for each child as Rs. 3000/-
per month.
Karachi Advocate for the Defendant
Dated:
IN THE COURT OF XXVth FAMILY JUDGE
AT KARACHI (EAST)
Family Suit No. 927/2022
Mst. Amna Tariq …………..…………..………………………………Plaintiff
VERSUS
M. Qaseem Paracha…………………………………………………Defendant
AFFIDAVIT:
I, Muhammad Qaseem Paracha S/o Muhammad Saleem Paracha, Muslim,
adult, R/o House No. R-1183, Block-16, FB Area, Karachi do hereby state on
oath as under:-
1. That I say that I am Defendant in above suit, as such well conversant with
the facts of the above suit.
2. That I say that I have gone through the application U/s 17-A of Family
Court Act 1964, as amended upto date filed by the Plaintiff, as such
appose vehemently for reasons stated hereafter.
3. That I say that it is submitted that the under reply application is frivolous,
after thought, malicious, misconceived, contrary to facts and law, the
same has been liable to be dismissed.
5. That whatever stated above is true and correct to the best of my
knowledge and belief.
Karachi Deponent
Dated:
