IN THE COURT OF JUDGES MOOT COURT RLC,ARIFWALA
Proceedings No 05-RLCA/2025
Date of announcement of Topic: 22/01/2025
Date of proceedings: 29/1/2025
Date of Decision :29/1/2025
Humeera Afzal D/O xxxxxxxxxx Cast xxxxxxxxx R/O xxxxxxxx
VS
Raza Hussain S/O xxxxxxxxxxxx Cast xxxxxxxxxxx R/O xxxxxxxx
SUIT FOR DISSOLUTION OF MARRIAGE
The court proceedings were conducted by the learned judges, namely Mrs Umber
Tehseen Learned Presiding Judge ,[Link] Rashid Mumtaz learned judge,Mr
Muhammad Hafeez Shahid along with Mrs Anum Naseer learned judge.
Judgement:
1. The instant suit for dissolution of marriage was instituted by Learned
Mooters namely Mian Farrukh Nawaz Joyia,Ali Ahmad and Bilal Ahmad
while in behalf of above said Defendant,the learned mooters Namely
Muhammad Ibtisam Munir and Muhammad Ahmad Goraya and Waleed
Raza have submitted their Power of Attorney.
2. Precisely , the facts pleaded in the plant are that marriage of plaintiff was
solemnised with dependent on 5th January 2024 as per Muslim rites That
a lot of dowry articles were given to the plaintiff by her parents at the
time of marriage which are also in the exclusive possession of defendant,
out of said wedlock no issue was born, that in the beginning,attitude of
the defendant towards plaintiff was cordial but later on become harsh and
cruel, he beat the plaintiff on petty matters but the plaintiff cohabited
with him only for the sake of the parents but the behaviour of defendant
did not change, atlast the defender has ousted the plaintiff from his house
about 2 months prior to the institution of the suit and since then till today
did not try to rehabilitate the plaintiff, that due to these reasons plaintiff
has developed severe aversion against him, that defendant was asked
many times to divorce the plaintiff but he refused hence the suit was
filed.
3. Defendant was summoned through the summons as well as through
publication in newspaper hence the power of attorney on the behalf of
defendant was submitted on last date of hearing and proper opportunity
was given to the him for the submission of Written statement but today
no one appear on his behalf despite of the continuous calls,So the
plaintiff was directed to produce her evidence as because she is a lady
and bear ordeal to attend the court proceedings from the institution of yhe
instant suit till now and further time cannot be given to defendant
because of his neglecting behaviour.
4. In ex-parte evidence , the plaintiff herself appeared as PW-1, she has
submitted her affidavit as Exh. [Link] documentary evidence, she tendered
attested copy of Nikahnama as Mark-P1 and closed her evidence.
5. Arguments heard and record perused.
6. The plaintiff while appearing as PW-1 has deposed that now she has
developed severe hatred against the defendant and she is not ready to live
with the defendant at any cost. On the other hand, there is nothing in
rebuttal. As there is un-rebutted and uncrossed evidence in favour of the
plaintiff and she is not willing to live with the defendant within
prescribed limits of Almighty Allah. Therefore, suit of the plaintiff for
dissolution of marriage is here by decreed ex-parte on the basis of khula.
No order as to [Link] sheet be prepared fortwith. Copy of this
judgement be sent to concerned union council for the process of
effectiveness of divorce thorough registered envelope AD. File be
consigned to record room after its due completion.
Announced:
29.01.2025
Mr. Ch Rashid Mumtaz Mr Muhammad Hafeez Shahid
Learned Judge Moot Court Learned Judge Moot Court
[Link] Tehseen Mrs Anum Naseer
Learned Judge Moot Court Learned Judge Moot Court
Certificate:It is certified that the decision has been dictated by us unanimously
which comprises two(02) pages.