BEORE THE HONOURABLE FAMILY COURT, KOLLAM

2016 OP

Petitioner : Aseena.
Respondents : Anzar.
Petition filed under section 26 Order VII Rule 1 of Civil
Procedure Code read with section 7 of The Family Courts Act

Petitioner : Aseena,W/o Anzar

Aged 35 years from Ajmal manzil
Anugraha Nagar-34,
Kallumthazham P.O,Kilikolloor
Kollam now residing at
Ayisha Manzil,Alliance Nagar 46 A
Kallumthazham P.O,Kilikolloor
Kollam, PIN-691004

All notices, process etc to the petitioner may be served on her

address as shown above.
Respondent: Anzar,S/o Abdul Khader
aged 40 years from
Beema Manzil,Themgumthadathil
Ayathil P.O,kollam now
residing at
Koottil,Ayathil P.O
Kollam, PIN-691021
All notices, process etc to the petitioner may be served on her
address as shown above.
Petitioner begs to submit as follows:
1. Petitioner and respondents are Muslims and for the
purpose of marriage, its dissolution etc they are
governed by the provisions of Muslim personal law and
the rules made there under.
2. Marriage between petitioner and respondent was
solemnized on 3rd March 1996 at Petitioner’s residence.
Out of the wedlock between the petitioner and
respondent a boy child named Afsal Khan as born on
19.09.1997 and another boy called Ajmal was born on
08.11.2000.
3. At the time of marriage the respondent was employed
at Gulf. But after a year he returned back permanently.
Later petitioner was shocked to learn that he was
 terminated from employment for misappropriation and
fraud.
4. The petitioner’s father died long back and she have
four sisters and one brother .The only brother of the
petitioner was employed abroad and he conducted the
petitioner’s marriage with his hard earned money.
5. Petitioner was given 25 sovereigns of gold ornaments
and 25 thousand Rupees, 10 cents of property and the
movables scheduled hereunder at the time of her
marriage. The movables, gold ornaments and cash in
hand so given to the petitioner by her parents for the
future well-being of petitioner. The said movables, gold
ornaments and cash in hand was entrusted with the
respondent. The gold ornaments were entrusted to the
respondent on 2nd week of marriage itself. Thereafter
the petitioner has not seen the gold ornaments and the
respondent never allowed petitioner to adorn any of
the ornaments given to her. The respondent was in
control and custody of the gold ornaments. The
respondent misappropriated and misutilised the
amount and gold ornaments. The respondent
compelled the petitioner to sell 10 cents of property in
her name and finally the property was sold and an
amount of Rupees Three Lakhs was entrusted to the
respondent in the year 1998.Thereafter the respondent
treated the petitioner with cruelty. The money, gold
ornaments and movables were entrusted to the
respondents in trust for the future well-being of the
petitioner as trustees.
6. The respondent is a person of loose morals and he has
illicit relationship with many ladies. He did not stick on
to any employment. He is in the habit of picking up
quarrels at the place of employment. Even when he
was employed and earning money, he did not give a
single pie for the maintenance of the petitioner and
children. The petitioner depended her widowed mother
and brother for her daily needs. The petitioner’s and
respondent’s eldest son Afsar Khan discontinued his
education after +2 for want of funds. The respondent
was least bothered about this matter and he was after
his concubines.
7. The respondent sold his house to raise money for his
immoral activities. It is respectfully submitted that
thereafter the petitioner and children stayed in more
 than 10 houses. In all these 10 houses the hose
owners evicted the respondent for his gross default in
payment of rent. The petitioner’s mother and siblings
helped the petitioner and the respondent in all these
occasions by providing them with advance amount and
amount to clear arrears of rent.
8. The respondent is making money through easy illegal
ways. It is respectfully submitted that the respondent
believed in black magic and always declared that he
will get treasure through black magic and that will end
all their financial troubles. He bring many fraudulent
persons posing as ‘Mantravadis’ and compelled the
petitioner to give them money for conducting black
magic. The respondent wasted huge amounts for
conducting rituals associated with Black magic.
9. It is respectfully submitted that the respondent
purchased basic food necessities like rice, sugar etc.
from small shops on credit. He never bothered to pay
the amount and it was a usual practice that the shop
owners came to petitioner’s residence and shouting for
money. In addition to this the respondent borrowed
money from every Tom Dick and Harry and the
petitioner was ridiculed by those people also. The
neighbors and relatives keep a distance from the
petitioner and children due to the bad habits of the
respondent.
10. It is submitted that on many occasions the petitioner
decided to stop her life with the respondent and went
to live with her widowed mother. But on all these
occasions the respondent send mediators and also he
himself begged the petitioner and promised her that he
will not repeat the bad habits and will properly look
after her and the children. The petitioner with the hope
of starting a new life again come back and continues
the life with him. It is respectfully submitted that he
wants a wife only to satiate his sexual needs.
11. Adding fuel to the fire in September, 2015 the
respondent started living with a lady named Najma.
The petitioner questioned about the said relationship.
This infuriated the respondent and he declared to the
petitioner that he will live according to his whims and
fancies and petitioner is not up to question the same.
This resulted in quarrel between the petitioner and
respondent and the respondent threatened to pour acid
 on the face of the petitioner and to kill her by stabbing.
It was on 20.09.2015 and on that day the elder son
saw the petitioner hiding a knife in the bedroom and
he took the petitioner to his room and closed the door.
In the next morning the petitioner and her children
took refuge in the house of the Petitioner’s brother.
12. In these circumstance petitioner is forced to approach
this Honorable court to redress her grievances, by
realising the amount shown in the memo of account,
the value of gold ornaments and movables scheduled
as A and B hereunder.
13. The respondents are legally bound to reimburse an
amount of Rs.12,65,000/- with interest to petitioner as
shown in the memo of accounts, the movables
scheduled hereunder or value of the same and the gold
ornaments scheduled hereunder or the value of the
same to the petitioner. It is respectfully submitted that
the aforesaid amounts obtained by respondents from
petitioner and they are duty bound to reimburse the
same. The said amounts and valuables came in to the
hands of respondents not gratuitously but they were
entrusted to the respondents for the future well-being
of petitioner and petitioner is entitled to interest on the
said amount. The amount mentioned in the memo of
accounts is truly and correctly due to petitioners from
respondent s.
14. The cause of action for the suit has arisen on and from
03/03/1996 the date of marriage of petitioner with
respondent and the petitioner’s parent’s entrusted
money gold ornaments and movables with the
respondents and on and from the date on
which the Petitioner’s 10 cents of property was sold
and an amount of Rs.3, 00,000/-entrusted to the
respondent and on all days subsequent thereto in
Kilikollor village, Kollam. The marriage took place at
Kilikollor village within the jurisdiction of this Honorable
court.
15. The suit for the purpose of court fee and jurisdiction is
valued atRs. 12, 65,000/- . A court fee of Rs 50/- is
remitted herewith under schedule II Article 2 of the
Kerala Court Fees and Suit Valuation Act.
16. Therefore it is prayed that this honorable court be
pleased to pass a decree in favour of petitioner
granting the following among other relief:-
 a) To pass a decree allowing the petitioner to realise an
amount of Rs.6, 01,000/- more specifically detailed in
the memo of accounts with interest at the rate of 12%
per annum from the respondents and all their movable
and immovable assets.
b) To pass a decree directing the respondents to return 31
sovereigns of gold ornaments more specifically
scheduled in the plaint or in the alternative to allow the
petitioner to receive Rs.6,20,000/- being the value of
gold ornaments from the respondents and all their
movable and immovable assets.
c) To pass a decree directing the respondents to return
movables more specifically scheduled in the plaint or in
the alternative to allow the petitioner to receive
Rs.55,000/- being the value of movables
d) To allow the petitioners to realise the cost of the suit
from the respondents.
e) To allow such other reliefs found to be just and proper
by this Honorable court and prayed for by petitioners
during the course of the proceedings.

Memo of accounts.

1. Value of 31 sovereigns of gold : Rs.6,20,000/-

2. Amount paid in 1996 : Rs.25 ,000/-
3. Interest on Rs.25,000/-
From 1996 till date : Rs.60,000/-
4. Amount paid in 1998 : Rs. 3,00,000/-
5. Interest on Rs.3,00,000/-
From 1998 till date : Rs.2,16,000/-

6. Value of movables : Rs.55,000/-

Total : Rs. 12,65,000/-

(Rs Twelve lakhs Sixty five thousand with future interest at the
rate of 12% p.a is to be recovered from the respondent and
from all his movable and immovable assets.)
Petition A schedule
Schedule of gold ornaments
Nature of gold Weight No Value
1. Long chain 6 sovereigns 1 Rs.1,20,000/-

2. Necklace 4 1 Rs. 80,000/-

3. Ear ring 2 1 pair Rs.40,000/-

4. Ring ½ 4 Rs.40,000/-

5. Bangles 1 10 Rs.2,00,000/-

6. Matti 1 1 Rs.20,000/-

7. Bangle given
To respondent’s
Mother 2 1 Rs.40,000/-

8. Bangle given
To respondent’s
Sisters 1 2 Rs.40, 000/-

9. Ring given to
Respondent 2 1 Rs.40,000/-

Total 31 Sovereigns Rs.6,20,000/-

Petition B schedule
Schedule of movables
Item Value
1. Coat Rs.10,000/-

2. Bed Rs.2500/-

3. Almarah Rs.25,000/-

4. Table Rs.5,000/-

5. Sewing Machine Rs.7,500/-

6.Gas Stove Rs.5,000/-

Total Rs.55,000/-
Dated this the 20th day of January, 2016.
Petitioner
All the facts stated above are true and correct to the best of
my knowledge, information and belief.
Petitioner
 BEORE THE HONOURABLE FAMILY COURT, KOLLAM

2016 OP

Petitioner : Aseena.

Respondent : Anzar

Petition submitted under Section 2 (viii) (a) (b) (d) ,2 (ix) of

the the Dissolution of Muslim Marriage Act,1939 read with
section 7 of The Family Courts Act

Petitioner : Aseena,W/o Anzar aged 35 years from

Ajmal manzil, Anugraha Nagar-
34,Kallumthazham P.O,Kilikolloor,Kollam
now residing at Ayisha Manzil,
Alliance Nagar 46A,Kallumthazham P.O
,Kilikolloor,Kollam ,PIN-691004.
All notices, process etc to the petitioner may be served on her
address as shown above.

Respondent:
Anzar,S/o Abdul Khader
aged years from
Beema Manzil,Themgumthadathil
Ayathil P.O,kollam now
residing at
Koottil,Ayathil P.O
Kollam,PIN-691021.

All notices, process etc. to the respondent may be served on

his address as shown above.

Petitioner begs to submit as follows:

1. Petitioner and respondents are Muslims and for the purpose
of marriage, its dissolution etc they are governed by the
provisions of Muslim personal law and the rules made there
under.
2. Marriage between petitioner and respondent was solemnized
on 3rd March 1996 at Petitioner’s residence. Out of the wedlock
between the petitioner and respondent a boy child named Afsal
Khan as born on 19.09.1997 and another boy called Ajmal was
born on 08.11.2000.
3. At the time of marriage the respondent was employed at Gulf.
But after a year he returned back permanently. Later petitioner
was shocked to learn that he was terminated from employment
for misappropriation and fraud.
4. The petitioner’s father died long back and she have four
sisters and one brother .The only brother of the petitioner was
employed abroad and he conducted the petitioner’s marriage
with his hard earned money.
5. Petitioner was given 25 sovereigns of gold ornaments and 25
thousand Rupees, 10 cents of property and the movables
scheduled hereunder at the time of her marriage. The movables,
gold ornaments and cash in hand so given to the petitioner by
her parents for the future well-being of petitioner. The said
movables, gold ornaments and cash in hand was entrusted with
the respondent. The gold ornaments were entrusted to the
respondent on 2nd week of marriage itself. Thereafter the
petitioner has not seen the gold ornaments and the respondent
never allowed petitioner to adorn any of the ornaments given to
her. The respondent was in control and custody of the gold
ornaments. The respondent misappropriated and misutilised the
amount and gold ornaments. The respondent compelled the
petitioner to sell 10 cents of property in her name and finally the
property was sold and an amount of Rupees Three Lakhs was
entrusted to the respondent in the year 1998.Thereafter the
respondent treated the petitioner with cruelty. The money, gold
ornaments and movables were entrusted to the respondents in
trust for the future well-being of the petitioner as trustees.
6. The respondent is a person of loose morals and he has illicit
relationship with many ladies. He did not stick on to any
employment. He is in the habit of picking up quarrels at the
place of employment. Even when he was employed and earning
money, he did not give a single pie for the maintenance of the
petitioner and children. The petitioner depended her widowed
mother and brother for her daily needs. The petitioner’s eldest
son Afsar Khan discontinued his education after +2 for want of
funds. The respondent was least bothered about this matter and
he was after his concubines.
7. The respondent sold his house to raise money for his immoral
activities. It is respectfully submitted that thereafter the
petitioner and children stayed in more than 10 houses. In all
these 10 houses the hose owners evicted the respondent for his
gross default in payment of rent. The petitioner’s mother and
siblings helped the petitioner and the respondent in all these
occasions by providing them with advance amount and amount
to clear arrears of rent.
8. The respondent is making money through easy illegal ways.
It is respectfully submitted that the respondent believed in black
magic and always declared that he will get treasure through
black magic and that will end all their financial troubles. He
bring many fraudulent persons posing as ‘Mantravadis’ and
compelled the petitioner to give them money for conducting
black magic. The respondent wasted huge amounts for
conducting rituals associated with Black magic.
8. It is respectfully submitted that the respondent purchased
basic food necessities like rice, sugar etc from small shops on
credit. He never bothered to pay the amount and it was a usual
practice that the shop owners came to petitioner’s residence and
shouting for money. In addition to this the respondent borrowed
money from every Tom Dick and Harry and the petitioner was
ridiculed by those people also. The neighbors and relatives keep
a distance from the petitioner and children due to the bad habits
of the respondent.
9. It is submitted that on many occasions the petitioner decided
to discontinue her life with the respondent and went to live with
her widowed mother. But on all these occasions the respondent
send mediators and also he himself begged the petitioner and
promised her that he will not repeat the bad habits and will
properly look after her and the children. The petitioner with the
hope of starting a new life again come back and continues the
life with him. It is respectfully submitted that he wants a wife
only to satiate his sexual needs.
10. Adding fuel to the fire in September, 2015 the respondent
started living with a lady named Najma. The petitioner
questioned about the said relationship. This infuriated the
respondent and he declared to the petitioner that he will live
according to his whims and fancies and petitioner is not up to
question the same. This resulted in quarrel between the
petitioner and respondent and the respondent threatened to
pour acid on the face of the petitioner and to kill her by
stabbing. It was on 20.09.2015 and on that day the elder son
saw the petitioner hiding a knife in the bedroom and he took the
petitioner to his room and closed the door. In the next morning
the petitioner and her children took refuge in the house of the
Petitioner’s brother.
11. As per Muslim personal law not maintaining and taking care
of wife and children and leading immoral life are grounds for
divorce. Apart from this all the aforesaid acts of cruelty is
sufficient ground for dissolution of marriage under the
Dissolution of Muslim Marriage Act 1939.
12. The marital relationship of petitioner with respondent is
irretrievably broken down and there is no chance of any reunion.
The aforementioned circumstances made the petitioner to file a
petition to get her marriage dissolved by a decree of dissolution.
There is no collusion or connivance in filing this petition.
13. The cause of action for the suit has arisen on and from
03/03/1996 the date of marriage of petitioner with respondent
and on all days subsequent thereto in at Kilikolloor village,
Kollam. The marriage took place at Kilikollor village within the
jurisdiction of this Honorable court.
14. A court fee of Rs. 50/- is remitted herewith under schedule
II Article 2 of the Kerala Court Fees and Suit Valuation Act
15. Hence it is hereby humbly prayed that this Honourable court
be pleased to pass a decree in favour of petitioner granting the
following among other relief:-
A) To pass a decree of divorce dissolving the marriage
between petitioner and respondent.
B) To allow all such other reliefs prayed for by the petitioner
during the course of the proceedings.
C) To allow the petitioner to realise the cost of the
proceeding from the respondent.
Dated this the 20th day of January 2016.

Petitioner
All the facts stated above are true and correct to the best of
my knowledge, information and belief.
Petitioner.
List of document.
Marriage certificate
Petitioner.
BEFORE THE HONOURABLE FAMIY COURT , KOLLAM
M.C. No:
Petition filed under section 125 of the Code of Criminal Procedure
Name, age and address of 1. Aseena,W/o Anzar aged 35 years
the petitioner/petitioners from Ajmal manzil, Anugraha Nagar-
with police station limits.
Name and address of the
next friend in case of
minors or other persons of
disability.
Name and address of the
respondent/respondents
with police station limits
Relationship between the
petitioner/ petitioners and
respondent/respondents
Date and place of marriage
Place where the petitioner
and respondent last resided
together
In case of minors, their
date of birth
Date of willful neglect or
refusal to provide
maintenance
Occupation and monthly
income of respondent/
respondents and the details
of the source of income
of 2016
1973
34,Kallumthazham
P.O,Kilikolloor,Kollam now residing
at Ayisha Manzil,Alliance Nagar 46A
Kallumthazham
P.O,Kilikolloor,Kollam,PIN-691004.
2.Ajmal,S/o Anzar ,aged 15
years residing at-do-
Kilikolloor Police Station limit.
Aseena,W/o Anzar aged 35 years
from Ajmal manzil, Anugraha Nagar-
34,Kallumthazham
P.O,Kilikolloor,Kollam now residing
at Ayisha Manzil,Alliance Nagar 46A
Kallumthazham
P.O,Kilikolloor,Kollam
Anzar,S/o Abdul Khader
Aged years
Koottil,Ayathil P.O
Kollam,PIN-691021
Eravipuram Police Station.
1st Petitioner is the wife and 2nd
petitioner is the son of
respondent
3rdday of March 1996 at
Petitioner’s residence
Ayathil,Kollam.
2nd petitioner 08.11.2000.
29/10/2015
Business and earning more than
Rs.30,000/- per month.
with brake up

What is the amount needed Rs.7,500/-for the 1st petitioner

by the Rs.7,500/- for the 2nd
petitioner/petitioners for petitioner.
monthly maintenance
Grounds on which Petitioners are unemployed and
maintenance is claimed by unable to maintain themselves.
the petitioner/petitioners Maintenance needed for
with details meeting daily affairs.
Do the petitioner has / No. Petitioners are depending
petitioners have the ability the brother of 1st petitioner for
to maintain themselves? If their maintenance
not, on whom they depend
for their livelihood at
present
If the petitioner is / NA
petitioners are mentally or
physically handicapped, the
extra amount needed for
their maintenance on that
account
If the petitioner is / NA
petitioners are parent /
parents, the name ,
address , occupation and
income of their other
children who are not made
parties here.
If there is any litigation , NA
pending between the
parties or disposed of ?
Give details.
Was there any previous NA
application filed for getting
maintenance? If so give the
details and results of such
application

Other relevant details, if NA

any

Declaration
I Aseena, W/o Anzar, aged 35 years, residing at Ayisha
Manzil, Alliance Nagar 46 A, Kallumthazham P.O. Kilikollor ,
Kollam do hereby declare that what is stated above are true and
correct.
Dated this the 20th day of January, 2016

Petitioner for and on behalf of

2nd petitioner also

Filed on 20/01/2016
 BEFORE THE HONOURABLE FAMILY
COURT, KOLLAM

M.C. No: of 2016

Petitioner : Aseena$1 other.

Respondent: Ansar

Petition submitted under section 125 of

the Code of Criminal Procedure.

Petitioner
 Filed on 20/01/2016

BEFORE THE HONOURABLE FAMILY

COURT, KOLLAM

O.P. No: of 2016

Petitioner : Aseena
Respondent : Ansar

Petition submitted under section 26

Order VII Rule 1 the Code of Civil
Procedure read with section 7 of The
Family Courts Act.

Petitioner
 Filed on 20/01/2016

BEFORE THE HONOURABLE FAMILY

COURT, KOLLAM

O.P. No: of 2016

Petitioner : Aseena
Respondent : Ansar

Petition submitted under section 2

(viii) (a) (b) (d),2 (ix) of Dissolution of
Muslim Marriage Act,1939 read with
section 7 of The Family Courts Act.

Petitioner