SAMPLE / DRAFT / SPECIMAN OF WRITTEN STATEMENT IN SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE FAMILY COURT, RAWALPINDI

Civil Suit No_______/2024

Muhammad Junaid

VS

Ayesha Shehzadi

 

WRITTEN STATEMENT ON BEHALF OF DEFENDANT

IN

SUIT FOR RESTITUTION OF CONJUGAL RIGHTS

Respectfully Sheweth;

 

PRELIMINARY OBJECTIONS:

  1. That the Plaintiff has not come in the court with clean hands.
  2. That plaintiff is impotent and unable to perform marital obligation hence, trying to malign and humiliate the defendant.
  3. That the defendant belongs to a respectable of locality. The plaintiff is continuously causing harassment and threatening the defendant.
  4. That the plaintiff is trying to humiliate the Defendant in order to get the ulterior motive and to avoid from the marital obligations. Furthermore, he just want to get the affidavit back and asking the defendant to file the divorce on the basis of khula and not to disclose his impotency and committed fraud by the concealment of such an important fact. Because of such frustration he took the dower back at first night and abused and used to beat the defendant. When defendant was still trying to perform obligations and advised the medical treatment he again used to beat her and pushed her out of the house after a week of marriage and retained everything including personal belongings and threatened of dire consequences.
  5. That the plaintiff is continuously doing character assassination of defendant and extending severe allegations against the defendant and the defendant reserves the right to initiate the criminal as well as civil litigation as per law against the plaintiff.
  6. That the E-stamp paper was duly issued by the Plaintiff and duly signed by the plaintiff with free consent in the presence of witnesses. The plaintiff just want to get that affidavit back and he doesn’t want to retain this marital bond as he seems that affidavit as hurdle because there was a penalty in the affidavit if he don’t build a cordial relation with defendant and illegally divorced the defendant.
  7. That the plaintiff has given no valid ground in the case is liable to be dismissed and just need a treatment from a doctor for such an impotency.
  8. That the plaintiff filed this suit just to avoid from the lawful marital obligations furthermore, he concealed this fact that he is unable to perform marital obligation hence, making false allegations on defendants.
  9. That it is imperative to mention here that the plaintiff and his family were well aware of the first marriage of defendant and the defendant have video recordings and voice recordings of the plaintiff and his family members where it has been confirmed and disclosed about the 2nd marriage but they requested; please don’t write anything about first marriage just write virgin and single and the defendant accepted their request and now plaintiff and his family threatening the defendants of dire consequences and causing harassment and threats.
  10. That this suit is liable to be dismissed.

PARAWISE COMMENTS:

  1. That para no. 1 is factual in nature to the extent of solemnization of Nikah and remaining para can be confirmed from record. The Nikah was solemnized in lie of Rs. 10,000/- as prompt dower and 2 lac rupees along with 2 Tola Gold as deferred dower and is payable within one year from the marriage.
  2. That Para no. 2 is correct to the extent of an independent affidavit regarding the responsibilities and obligations of the groom towards the bridle and remaining para is factually incorrect and vehemently denied. However, 2 tola Gold and 2 lac rupees(PKR-200,000/-) is a deferred dower as annunciated in the affidavit and the plaintiff is under an obligation to pay the same on demand.
  3. That para-no. 3 is false and frivolous hence, vehemently denied.
  4. That para no. 4 is incorrect and false hence vehemently denied and the detailed answer has been given above in preliminary objections. And video evidence is available with the defendant about the knowledge of this fact to the plaintiff and his family.
  5. That para- no. 5 is false and hence vehemently denied and based on lies. The plaintiff at first night was unable to perform the marital obligation and he is impotent because of the extreme weakness in the genital organs and because of that frustration he used to beat and abused the defendant many times and blamed the defendant. Furthermore, after a week of marriage, the plaintiff abused and blamed without any reason and pushed her from the house and retained everything of the defendant i.e. personal belongings, 2.23 Tola Gold Jewelry Set and dowery articles worth 2 lac rupees including furniture, 1 Trunk full of bankets, quilts, pillows, and other luggage and 1 bag of clothes. The defendant further abused and threatened the defendant and his family later on and asked to give that affidavit in original to the plaintiff otherwise be ready for dire consequences.
  6. That para no. 6 is also incorrect and false hence vehemently denied. the true fact is that the plaintiff is unable to build any marital union because he is an impotent because of the extreme weakness in the genital organs hence, he is frustrated and trying to humiliate the defendant and her family through litigation.
  7. That para no. 7 is also false and incorrect hence vehemently denied. The plaintiff threatened the defendant of dire consequences and abuse and use to beat her for no reason and want to get the original affidavit back. Furthermore he previously asserted that I will torture you and your family throughout life if you disclosed the impotency to the outside or to the family etc. otherwise file the suit for dissolution of marriage on the basis of khula and return the original affidavit back. This suit filed by the plaintiff shows the mala-fide of the plaintiff.
  8. That para no. 8 is factually incorrect and false and denied. the true facts are that the plaintiff failed to perform marital obligation at first night because he is impotent and can’t perform the marital obligation and this fact was concealed by the plaintiff and his family from the defendant and her family and abused and beaten the defendant and pushed the defendant from the house and now he just want the original affidavit back, just to avoid from the obligations under the agreement.
  9. That para no. 9 is false and factually incorrect hence vehemently denied. the plaintiff himself pushed out of the house after a week of torture, abuse and beating and demanded the original affidavit back, retained all the dower and dowery articles of the defendant and threatened her not to disclose this fact and file divorce on the basis of khula but when defendant refused to do so he used to beat again and again and even his family didn’t bother to stop him. It is imperative to note here that the plaintiff is trying to mislead the learned court to get ulterior motives.
  10. That para no. 10 is incorrect and false and vehemently denied. no Jirga ever took place even the family of the defendant tried to resolve the matter but the plaintiff was asking only two things, one is affidavit in original back and filing of divorce on the basis of khula and not to disclose this fact of impotency and threatened us.
  11. That para no. 11 is also incorrect and false hence denied. the plaintiff has made so many allegations against the defendant and her family. On one side he is asking he has love with defendant and on the other side he took the dower of 10,000 rupees back at first night when he couldn’t perform his marital obligation and abused her, abused her family, beaten her, and asked to file divorce on the basis of khula and return the affidavit back. This shows the mala-fide of the plaintiff.
  12. That para no. 12 is incorrect and false as the plaintiff has no cause of action to file the instant suit.
  13. That para no. 13 and 14 are factual in nature and part of record and need no reply.
  14. That the whole prayer is false and frivolous hence vehemently denied.

 

 

Prayer:

In the luminosity of aforementioned facts and circumstances, this Learned Court may kindly dismiss the suit with cost. Furthermore, the plaintiff may kindly be directed to return the defendant’s all belongings, jewelry, return back the defendant’s dower as annunciated in the affidavit and nikah-nama and start the medical treatment if his impotency is curable and apologize about his false and frivolous allegations and abuses.

Moreover, The plaintiff may also be directed to register the Nikah at concerned Union council, only than it would be possible to remain in the marital bond

Any other relief which this Learned court may deems fit and proper may kindly be granted.

 

…Defendant

 

Through

 

 

ASADULLAH HASHMI

Advocate High Court

LLM-ITL(Medalist)

 

 

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