IN THE COURT OF (NAME
OF THE JUDGE AND CITY)
Plaintiff Vs.
Defendant
Family Suit No. 00-FC-0000
Date of Institution: 00.00.0000
Date of Decision: 00.00.0000
SUIT FOR RESTITUTION OF CONJUGAL RIGHTS.
Ex-parte
JUDGMENT:
Brief facts of the case narrated in the
plaint are that the plaintiff was married with the defendant on 17.09.0000 in
accordance with Sharia Muhammadi; that after the marriage plaintiff started to
perform matrimonial obligations with the defendant; that the relations between
the spouses remained cordial and amicable for few moths thereafter the mother
of the defendant came in house of plaintiff and took the defendant along with
precious things;
that after 15/20 days the plaintiff contacted the defendant to came back home
but mother of the defendant refused to send the defendant along with plaintiff;
that the plaintiff himself and through respectable many times requested the
defendant to come back home but she flatly refused to do so. Hence this suit.
2. Perusal
of the record reveals that due process was issued to the defendant even
publication was made in daily “(NAME OF NEWSPAPER” but she did not appear in
the court. Resultently ex-parte proceedings were initiated against her.
3. After
initiating ex-parte the plaintiff was asked to produce his oral as well as
documentary evidence. On 00.00.0000 plaintiff himself appeared in the court as
PW-1, got recorded his statement and submitted his affidavit as Ex.P.1. He
produced two other witnesses (Name Of
The Witness) as PW-2 & ( Name Of The Witness) as PW-3 and
submitted their affidavits as Ex.P.2 & Ex.P.3 respectively. In support as
documentary evidence he has filed photocopy of Nikah Nama as Mark-A.
4. Ex-parte final arguments heard.
Record perused.
5. After initiating ex-parte
proceedings against the defendant, there is nothing in defence or rebuttal and version of the
plaintiff is also supported by the witnesses. The Nikah Nama shows that
defendant is legally wedded wife of the plaintiff. Therefore, relying upon
unrebutted evidence, the suit in hand is hereby ex-parte decreed in favour of
the plaintiff and the defendant is
directed to join the plaintiff to fulfill her matrimonial obligations. There is
no order as to costs. Decree sheet be prepared accordingly. Copy of this judgment
and decree sheet be sent to the defendant. File be consign to the record room
after its due completion.
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Announced:
00.00.0000 ( date)
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JUDGE FAMILY COURT,
(CITY)
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CERTIFICATE: It is certified that this judgment
consists of 1 page, which has been dictated, read, corrected and signed by me.
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Dated:
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JUDGE FAMILY
COURT,
(CITY)
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