Recovery of Maintenance Allowance Written Statement

Written Statement Recovery of Maintenance Allowance
Family Case No:/2020
In Re:
1.Mst. Saima Batool Daughter of Ch, Buland Akhter Lahore.
2.Muhammad Naeem son of Rafique R/O Lahore
PLAINTIFF
VERSES
1.Rana Muhammad Naeem son of Qaseem Rana Quaid-e-Azam Town, Lahore
DEFENDANT
SUIT FOR RECOVERY OF MAINTENANCE ALLOWANCE
WRITTEN STATEMENT ON THE BEHALF OF DEFENDANT
Respectfully Sheweth,
PRELIMINARY OBJECTIONS:
1.That the above titled suit is false, frivolous, baseless and based on wrong facts which have been submitted before this Honorable Court, hence same is liable to be dismissed with special costs.
2.That the plaintiffs have approached this court with unclean hands therefore, the plaintiffs are entitled for any relief, and therefore, the plaint is liable to be dismissed.
3.That the plaintiffs have no cause of action to file the titled suit against the answering defendant.
4.That the plaintiffs have filed the titled suit just to harass and blackmail the answering defendant, hence the same is liable to be dismissed with special costs.
5.That the answering defendant may time made hectic efforts to convince the plaintiff No. 1 to come in the house of the answering defendant and to perform her matrimonial obligations but she always reluctant not to come in the house of the answering defendant, hence the plaintiff has no right to claim any maintenance allowance to the plaintiff.
6.That the plaintiff has mentioned wrong facts regarding the monthly income of the answering defendant.

ON MERITS:
1.Para No, 1 is correct to the extent of marriage, remaining para is incorrect hence denied, and the plaintiff narrates a concocted story regarding the dowry articles and gold ornaments.
2.Para No. 2 is not denied.
3.Para No. 3 is incorrect hence denied. The plaintiff with malafide intention and ulterior motives leveled false, frivolous and baseless allegation in this para because the answering defendant is a respectable citizen of Pakistan and has good repute in the eye of relatives as well as peoples of the vicinity. The answering defendant never beat the plaintiff No. 1 nor he made the life of the plaintiff miserable, on the other hand the plaintiff No. 1 herself is a quarrelsome rigged and disobedient lady and she oftenly started to quarrel with the answering defendant on petty house hold matter and destroyed the peace of the house of answering defendant.
4.Papa No. 4 is incorrect hence denied. The answering defendant never deserted the plaintiff from his house, actually the plaintiff No. 1 herself with her free will and consent left the house of the answering defendant just to meet with her parents with a promise that she will come back after some days but she failed to do so and filed the titled suit with malafide intention and ulterior motives. At the time of leaving the house of defendant, the plaintiff No, 1 took good ornaments, precious things and cash amount, which is still in her custody.
5.Para No. 5 is incorrect hence denied. The answering defendant many time approached to the plaintiff as well as her parents to resolve the matter and performance of matrimonial obligations but the plaintiff No. 1 always remained reluctant to do so.
6.Para No. 6 is incorrect hence denied. The monthly salary of the answering defendant is only Rs. 15,000/- plaintiff narrated a concocted story in this para regarding the income of defendant just to achieve her ulterior motives.
7.Para No. 7 is incorrect hence denied. The plaintiff never approached to the answering defendant.
8.Para No. 8 is incorrect hence denied. The plaintiff has no cause of action to file the titled suit against the answering defendant.
9.Para No. 9 is legal except cause of action.
10.Para No. 10 is also legal
PRAYER:
In the view of above submission, it is, therefore most respectfully prayed that the suit under reply may kindly be dismissed with special costs.
ANSWERING DEFENDANT
Through
CH. MUHAMMAD SHAHID BHALLI
Advocate High Court
Mob: 0301-6001125
Chamber No. 3 First Floor Adnan Center,
Model Town Link Road Lahore
VERIFICATION:
Verified on oath at Lahore, this 11th day of March, 2020 that the contents of the above plaint from paras 1 to 7 are true and correct to the best of my knowledge and rest of the paras 8 to 10 are correct to the best of my information and belief.

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