IN THE COURT OF SENIOR CIVIL JUDGE, LAHORE
WITH POWERS AS JUDGE FAMILY COURT

Suit No. ___/20

__________ & Another
…Plaintiffs

Versus

__________
…Defendant

SUIT FOR PAST AND FUTURE MAINTENANCE

Respectfully Sheweth:

1. That Plaintiff No. 1 is the legally wedded wife of the Defendant, and Plaintiff No. 2 is the minor child born out of the said wedlock. The Plaintiff No. 2 is being represented through Plaintiff No. 1 as her natural guardian and next friend.

2. That the marriage between Plaintiff No. 1 and the Defendant was solemnized in accordance with Muslim rites and customs, and prompt dower was fixed at the time of Nikah.

3. That the couple lived together as husband and wife for a certain period, and Plaintiff No. 2 was born during the subsistence of the marriage. The expenses for the delivery of Plaintiff No. 2 were borne solely by the family of Plaintiff No. 1.

4. That the Defendant has failed to provide maintenance to the Plaintiffs for the past two years. Despite repeated requests, the Defendant has willfully neglected his legal and moral duty to support the Plaintiffs.

5. That Plaintiff No. 1 made several demands for maintenance, which the Defendant ignored. Details of past maintenance being claimed are as under:

Calculation of Past Maintenance:

• Maintenance of Plaintiff No. 1 (2 years @ Rs. ___/month) – Rs. _______

• Medical expenses after birth of Plaintiff No. 2 – Rs. _______

• Maintenance of Plaintiff No. 2 (____ months @ Rs. ___/month) – Rs. _______
  Total: Rs. _______

1. That in addition to the above amount, the Plaintiffs are also entitled to future monthly maintenance at the rate of Rs. ___ for Plaintiff No. 1 and Rs. ___ for Plaintiff No. 2, in accordance with the financial capacity of the Defendant.

2. That the Defendant has sufficient means and a steady monthly income, yet he is unwilling to fulfill his obligations. His income is estimated at Rs. _______ per month.

3. That the cause of action arose when the Defendant failed to provide maintenance and continues to accrue every month.

4. That the Plaintiffs are residing within the territorial jurisdiction of this Honourable Court and hence this Court has jurisdiction to hear and decide the matter.

5. That the requisite Court Fee has been affixed in accordance with the Family Courts Act, 1964.

PRAYER

It is respectfully prayed that:

a. A decree of Rs. _______ be passed in favour of the Plaintiffs as past maintenance.
b. A decree of Rs. ___ per month as future maintenance for Plaintiff No. 1 be passed.
c. A decree of Rs. ___ per month as future maintenance for Plaintiff No. 2 be passed.
d. In case of default, the same may be recovered from the Defendant’s attachable property.
e. Interim maintenance of Rs. _______ be ordered during the pendency of this suit.
f. Any other relief deemed appropriate by this Honourable Court may also be granted.
g. Cost of the suit may also be awarded.

Plaintiffs
Through Counsel:
__________________
Advocate High Court

APPLICATION FOR INTERIM RELIEF

IN THE SAME COURT AND SUIT AS ABOVE

Respectfully Sheweth:

1. That the titled suit is pending before this Honourable Court.

2. That the Plaintiffs have a prima facie case and every likelihood of success.

3. That the balance of convenience lies in favour of the Plaintiffs, and denial of interim relief shall cause irreparable harm.

4. That failure to grant interim relief will result in financial hardship, especially for Plaintiff No. 1 who is currently bearing all expenses.

PRAYER

It is humbly prayed that during the pendency of this suit, the Defendant be directed to deposit Rs. _______ per month as interim maintenance for the Plaintiffs in this Honourable Court.

Any other relief deemed appropriate may also be granted.

Applicants / Plaintiffs
Through Counsel
__________________
Advocate High Court

AFFIDAVIT

I, __________, wife of __________, resident of ____________, do hereby solemnly affirm and declare as under:

1. That I am Plaintiff No. 1 in the accompanying suit and am well conversant with the facts of the case.

2. That the contents of the interim application may kindly be read as part of this affidavit.

3. That there is a strong prima facie case, and balance of convenience lies in our favour.

4. That if interim relief is not granted, the Plaintiffs will suffer financial hardship.

Deponent

Verification:
Verified on oath at __________ on this ___ day of ________, 20, that the above contents are true and correct to the best of my knowledge and belief.

Deponent

LIST OF WITNESSES

1. ____________________, Resident of ____________________

2. ____________________, Resident of ____________________

3. Plaintiff or her authorized attorney

All witnesses will depose in support of the facts stated in the Plaint.

Applicants / Plaintiffs
Through Counsel
__________________
Advocate High CourT