IN THE COURT OF 1ST SENIOR ASSISTANT JUDGE AND FAMILY COURT,

CHITTAGONG
Family Suit No. 25/14

Mosammat Hajera Khatun,

W/O. Rahmat Ullah Miya
D/O. Haidar Ali
Sholokbohor, P.S. Paanchlaish, Chittagong.
... Plaintiff.

Versus

1. Rahmat Ullah Miya

S/O. - Korim Ullah Miya
2. Korim Ullah Miya
S/O Sana Ullah Miya
West Choron Dip, Post Fokir Khali, P/S Boyal Khali, Chittagong.
Defendant

Suit for Recovery of Dower, Maintenance other Demands

Suit valued at Tk. 13,68,000 Tk.

The above named plaintiff begged to state as follows.

1) That the plaintiff is coming from a middle class respectable Muslim family. She is simple,
polite & amiable Lady.
2) That the plaintiff lawfully married the defendant on 27th January 2013. With a fixed
amount of tk. 8,000,00 (eight lakhs) as dower, of which tk. 4,000,00 (four lakhs) is
shown paid & the rest is divided at tk. 3,000,00 (three lakhs) & 1,000,00 (one lakh) as
prompt dower and deferred dower respectively.
3) That at the ceremony no fixed amount of monthly maintenance was specified but it was
settled that the amount would be fixed in the future on the basis of plaintiff's social
status.
4) That the plaintiffs father on the day of the marriage, spent a large amount of money
amounting Tk. 4,000,00 (four lakhs) to entertain seven hundred guests from the
defendants. As well full set household furniture, dressings of bride and groom etc. were
given as presentation which was amounting tk. 1,000.00 (one lakh). Need to mention
the plaintiffs father also gave a gold ring amounting tk. 8,000 (eight thousand) to the
defendant no.1
5) That the plaintiff concentrated to start a happy conjugal life with the defendant as well
wished so. But unfortunately the situation turn into far more bad than the plaintiff's
wish.
6) Within a few days the plaintiff discovered that the defendant no.1 Mr. Rahmat Ullah
Miya was not a good person. He was also a drug addict as well spend money to various
kinds of gambling. Need to mention the defendant was also addicted and obsessed with
pornography. And the plaintiff became the victim of defendant's ill sexual obsession.
7) That with the intention to continue a happy conjugal life the plaintiff tried her best to
make the defendant understand about how such bad things effect their newly married
lives. But without giving heed to the plaintiff's words, the defendant threaten to hit the
plaintiff if there was another word about it.
8) That the defendant no.1 has a long desire to go abroad to work and being rich. To make
the desire fulfill the defendant no. 1 gave pressure over plaintiff to bring the dowry from
her father with the help and provocation of the defendant no.2 Mr. Korim Ullah Miya.
Gradually the pressure turned into physical torture.
9) That the plaintiff did not disclose those facts to anybody hoping that the defendant
would understand the mistakes and be back on right track in future. But after several

times of failure to make the defendant understand the plaintiff was compelled to inform
her relatives & relatives of the defendants about the above mentioned facts.
10) That on the 6th March 2013, the defendant no. 1 went abroad to United Arab Emirates
for seeking job.
11) That the present cause of action arose at 20th march 2013. On that evening the
defendant no.2 demanded dowry money for his son, the defendant no.1 who already
been went abroad. The defendant no.2 physically tortured the plaintiff for bringing
dowry from her father's house amounting to taka 4,000,00 (four lakhs). Plaintiff refused
to bring dowry and at once. Then the defendant no.2 forced the plaintiff to leave his
house. The plaintiff left the house with one clothed. Need to mention that the
defendant no. 2 clearly stated that without bringing dowry the plaintiff will never be
welcomed or accepted as a bride to his family.
12) That the plaintiff expressed the matter to her father after leave the defendants house.
After acknowledged the matter the plaintiffs father talked about this matter with
defendant no.2 over telephone. And once again the defendant no.2 demanded dowry as
well expressed his view about accepting the plaintiff as bride to their family. The
plaintiffs father refused at once after heard such outrageous condition.
13) That after lot of discussion between the elders from the two family, the family of
plaintiff, on the 21st October 2013, arranged an arbitration meeting at their residence
with the presence of defendant no.2. The defendant no. 2 did not moved a single inch
from his demand of dowry. In the meantime after failure of the conciliation process the
defendant no. 1 called from abroad and threatened the plaintiff with divorce if she or
her family didnt fulfill their demand.
14) That after there is no way open to resolve the problem for the plaintiff's family,
however, the plaintiff put an application for divorce to resolve this marriage, as well
sent a legal notice with registered A.D to the defendant no. 2 giving reminder of paying
the rest of the dower money and the maintenance as well which is dated on 4th January
2014. That the defendant refuse to accept the legal notice and the same was sent to the
plaintiff on 10th January 2014.
15) That the plaintiff is now residing at her father's residence which is under the local
jurisdiction of this Honorable Court.
16) That this is the family matter that is why this suit has been brought to the Honorable

Court and fixed court fees has been duly paid.

Wherefore, it is most humbly prayed that your honor would be pleased to :

a)

Pass a decree of Tk. 13,68,000 as mentioned in the schedule below;

b)

Give an order of maintenance from the defendant until the suit is disposed of;

c)

Cost of the suit and

d)

Other reliefs which this Honorable Court may think proper & fit.

SCHEDULE

Dower money of tk 8,00,000 according to registered Nikahnama.

Amount of maintenance for plaintiff tk. 60,000 (tk. 6,000 per month from 20/03/13 to 04/01/14)
Amount of tk. 5,08,000 as the value of full set household furniture, dressings of bride and groom
and a gold ring presented to the defendant no.1 as presentation from plaintiffs father. As well
entertainment cost of the marriage ceremony.
Total amount = Tk. 13,68,000

Name of the witnesses

1)

Mr. Masudul Islam

2)

Mr. Saiful Islam

VERIFICATION
That the statements made here in above are true to the best of my knowledge.
And belief and I sign this verification on 25th May 2013

Deponent

IN THE COURT OF 1ST SENIOR ASSISTANT JUDGE AND FAMILY COURT,

CHITTAGONG
Family Suit No. 25/14

Mosammat Hajera Khatun,

W/O. Rahmat Ullah Miya
D/O. Haidar Ali
Sholokbohor, P.S. Paanchlaish, Chittagong.
... Plaintiff.

Versus

1. Rahmat Ullah Miya

S/O. - Korim Ullah Miya
2. Korim Ullah Miya
S/O Sana Ullah Miya
West Choron Dip, Post Fokir Khali, P/S Boyal Khali, Chittagong.
Defendant

Suit for Recovery of Dower, Maintenance other Demands

Suit valued at Tk. 13,68,000 Tk.

Written Statement on Behalf of the Defendants

1) That the suit is not maintainable in law, either in the present form or in any other form.
2) That the plaint does not disclose any cause of action and as such the suit is liable to be

dismissed.
3) That the suit is liable to be dismissed for mis-joinder and non-joinder of parties.
4) That the suit is absolutely barred by the principles of estoppels, waiver and

acquiescence.
5) That the statements and allegations made in the plaint, so far specifically and

categorically not admitted, shall be deemed to have been denied by the defendants and
the burden of proof shall lie upon the plaintiffs.
6) That the statements made in para-1 of the plaint are not true and denied by the

defendant. It is not true that the plaintiff is a soft, simple, polite, religious and amiable
lady, rather she is proud, arrogant, disobedient, unfaithful and characterless.
7) That all the statements made in para-2 of the plaint are not true and hence denied by

the defendant. Though the actual money to be fixed was tk. 4,00,000 which the
plaintiff's father dishonestly fixed 8,00,000 out of which tk. 4,00,000 been paid.
8) That the statement made in para-3 of the plaint is not true and strongly denied by the

defendant. It is not a fact that the maintenance would be fixed in future on the basis of
plaintiff's social status.
9) The statements made in para 4 of the plaint are not true and hence denied by the

defendants. It is not a fact that plaintiffs father spent a huge amount of money to
entertain guests, or that a lot of valuables like full set household furniture, dressings of
bride and groom or that the defendant no.1 received a gold ring from plaintiff father as
a presentation.
10) That the statements made in para-5 of the plaint is not true that the plaintiff never tried

to start a happy life.

11) That the statements made in para-6 of the plaint being absolutely false, are

strongly denied by the defendant. It is not a fact that the defendant was
drug addict; or spend money to various kinds of gambling.
12) That all the statements made in para-7 of the plaint being absolutely false

and hence strongly denied by the defendant. It is not a fact that the plaintiff had the
intention to start a happy conjugal life; or that the plaintiff make the defendant
understand about effects of bad things in their newly married life; or the defendant
paying heed to plaintiff's words; or that the defendant threaten to hit the plaintiff.

13) That the statements made in para-8 are not fully true but partly true. It is true that the

defendant no.1 has cherished a dream to work abroad for bringing prosperity to his
family. But it is not a fact that to make the dream true the defendant no.1 gave pressure
over plaintiff for dowry with any sort of help or provocation from defendant no. 2. As
well the defendants strongly denied the fact that gradually pressure turned into
physical torture.
14) That all the statements made in para-9 of the plaint are absolutely false. It is not a fact

that the plaintiff did not disclose those facts to anybody hoping the defendant would
back on right track in future; or that the plaintiff compelled to inform her relatives and
relatives of the defendant.
15) That the statement made in para-10 is wholly true.
16) That the statements made in para-11 of the plaint being absolutely false, are strongly

denied by the defendant. It is not a fact that the present cause of action arose 20th
march 2013; or that on that evening the defendant no.2 physically tortured the plaintiff
for bringing dowry money from her father's residence amounting to taka 400000 (four
lakhs); or that the defendant no.2 did not force the plaintiff to leave the house at once;
or that the plaintiff leave the house with only one cloth; or that the defendant no. 2
stated without bringing dowry money the plaintiff will never be welcomed or accepted
as a bride to their family.
17) That the statements made in para-12 of the plaint being absolutely false, are

strongly denied by the defendants.

18) That the statements made in para-13 of the plaint being totally false and denied by the

defendants. It is not a fact that the plaintiffs father talked about this matter with
defendant no.2 over telephone; or that the defendant no.2 once again demanded dowry
as well expressed his view about accepting the plaintiff as a bride to their family; or that
the plaintiff was being threatened to divorce by defendant no. 1 over telephone from
abroad.
19) That the statements made in para-14 of the plaint being totally false and denied by the

defendant. It is not a fact that the defendant refused to accept the legal notice; or that
the same was sent to the plaintiff.
20) That the plaintiff is not entitled to get the decree prayed for or any other relief against

the defendant.

The Real Facts Of The Case Are:

That the plaintiff is a proud, arrogant, disobedient, unfaithful and characterless. She had
affair with many guys before her marriage and she continue it after her marriage.

That the defendant no. 1 is an educated man with high moral character and his family is
well reputed in the locality because of their simplicity, modesty and gentleness. The
defendant no.1 was came to home from Middle East after a long while around the year
2010 to start a conjugal life by marrying a religious, educated lady .

The family members of the plaintiff concealed the real character of the plaintiff and they
gave false and motivated information to the defendants about her. The defendants
mistakenly believed the information to be true and married the plaintiff on 27th January
2013 by registered Nikahnama.

On the very night of the marriage the plaintiff came with defendant no.1 at their new
home, which was the defendants residence. The defendant no.1 handed over tk.
2,000,00 as dower out of tk. 4,000,00 on that very night to the plaintiff.

The defendant no.1 married the plaintiff with a great hope of happy conjugal life. But
within a few days of marriage, the real nature of the plaintiff revealed. The plaintiff
started to behave arrogantly with the family members of the defendant no. 1. This rough
behavior and unexpected commenting over family members of the defendant by the
plaintif, brought problems into the family of the defendants. The defendant and his
family tried a lot to make her understand but all attempts went in vain as the degree of
arrogance and disobedience increased with the passage of time.

After than that with a disappointed mind the defendant no.1 went to abroad again on 6th
March 2013. After his departure the arrogance of plaintiff was much more increased.
Finding no other way the defendant no.2 brought the matter in the knowledge of the
plaintiffs family members.

On 12th march 2013, a meeting was arranged to conciliate the matter at the defendants
residence with the presence of the plaintiffs family elders. But unfortunately from the
beginning the plaintiff herself opposed the conciliation process. And outrageously said,
she didnt need a conciliation as she has never consented the marriage with defendant
no.1. Moreover she threaten to suicide in front of the presence of the meeting.

As the first meeting didnt bring any result, the defendants enquire the reason behind
such opposing position of the plaintiff and it was founded that the plaintiff has a long love
affair with a Mr. Aslam reza, plaintiff's classmate while she was a student
of Choron Dip Fazil Madrasa. Mr. Aslam Reza was also the son of the founder of that

madrasa Mr. Mufti Iddris Ali. After all the information has acquired the defendant no.2
arranged another meeting at his residence in the presence of Mr. Aslam rezas father Mr.
Mufti Iddris Ali and the father of the plaintiffs. And on that meeting the plaintiffs father
admitted that her daughter has a love affair with Mr. Aslam reza and the plaintiff was
forced to marry the defendant no.2, as the family of the plaintiffs believed so that a
happy married life would make the plaintiff forgot about the love affair with Mr. Aslam
reza.

On 20th march 2013. The plaintiff started to quarrel with the family members of the
defendant on the ground that one of her sharee was lost. Around 10 am on that day the
plaintiff leave the defendants residence and went to her fathers home. Before leaving,
the plaintiff threaten to bring suit against the defendants family member as well she
clearly mentioned she never came back to the defendants.

After the plaintiff leave the defendants house on her own, the defendant no.2 informed
about the incident to the local Union Parishad Chairman. And the chairman tried to put
things together again but unfortunately that was also counted as failed.

At such point the defendant, on 4th January 2014 signed the papers of divorce. And
considering the social status of the defendants he restrained himself to seek any legal
remedy by filing suit against the plaintiff for the insult she brought towards defendants
family.

In this short marital relation, the plaintiff never honored the defendant no.1 as her
husband and never agreed to cohabit with the defendant no.1. As well threaten the
defendant no.1 that she would suicide if the defendant no. 1 tried to cohabit with her. As
a result with a broken mind the defendant no. 1 went aboard again with such a short
notice.

The plaintiffs motive is clear that she brought this inconvenient suit for bringing insult
and problem to the family of the defendants as well, the plaintiff also had a vision to
make her lover Mr. Aslam Reza established with the money she demanded on the
unreasonable ground of dower and maintenance.

Wherefore, it is prayed that the Honorable Court would be pleased to dismiss

VERIFICATION
Whatever stated above are true to my knowledge and I sign this verification today At 10.00 a.m.
in Court premises, Chittagong.