Complaint Islam Jur

7/28/2019 Complaint Islam Jur

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Western Mindanao StateUniversityCollege ofLaw

Sample Complaint and

Answer [Islamic Jurisprudence V]

SUBMITTED TO:

Prof. Ujaima A. Ahmad

SUBMITTED BY:

Romel G TorresII-B

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May 31, 2013


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Republic of the PhilippinesSECOND SHARI'A CIRCUIT COURT

Third Shari'a Judicial DistrictZamboanga City

SARAH ABDUHAKIM, Civil Case No. 1234Plaintiff

-- versus For: SUPPORT

ABU K SADOH,Defendant.

x- - - - - - - - - - - - - - -x

C O M P L A I N T

COMES NOW the plaintiff, by counsel, and unto this Honorable

Court, most respectfully alleges:

1. That plaintiff is of legal age and a resident of Suterville, Zamboanga

City, while defendant is also of age and a resident of Baliwasan Chico,

Zamboanga City;

2. That plaintiff is the lawfully wedded wife of the defendant, their marriage

having been solemnized and consummated in accordance with Muslim

law on February 14, 2008 by and before Imam Johasan Waldemar at

Astoria Regency Hotel, Pasonanca, Zamboanga City. A photocopy of the

marriage contract between them is hereto attached as Annex "A" and

made as an integral part of this complaint;

3. That plaintiff and defendant, during the existence of their marriage,

begot on December 25, 2008 a child, Sittie Fatimah Sadoh;

4. That on March 27, 2010, defendant abandoned plaintiff and her minor


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child for another woman with whom he presently cohabits, without

however divorcing plaintiff;

5. That since said date, defendant failed and refused and still fails and

refuses to provide plaintiff and her child maintenance and support;

6. That defendant is presently a member of Philippine National Police

presently assigned at Zamboanga City Police Office, Zamboanga City

with a monthly net salary of Eighteet thousand five hundred fifty pesos

(P18,550.00) while plaintiff is without any means of livelihood and

depends on charity of close relatives for the support of herself and her

minor child;

7. That for the proper maintenance and support of plaintiff and her child,

plaintiff needs a monthly allowance of Nine thousand pesos (P9,000.00) or

half of his salary which is amount is well within the financial resources of

the defendant to provide.

WHEREFORE, it is most respectfully prayed of this Honorable

Court that, after notice and hearing, judgment be rendered ordering

defendant:

(1) to give plaintiff a monthly allowance of P9,000.00 payable

in advance on or before the tenth day of the month;

(2) to give plaintiff, by way of support pendente lite, a

monthly allowance of P9,000.00, the first of which to start

retroactively to the first day of this month, and the subsequent ones

payable in advance on or before the tenth day of the succeeding

month.

(3) to pay the costs of this suit.


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Plaintiff further prays for such other reliefs deemed just andequitable under the premises.

31 May 2013, Zamboanga City, Philippines.

MOHD. ROMEL G TORRESCounsel for the Plaintiff

3rd Flr, Torres Tower, Veterans Aven., Zamboanga CityIBP O.R. 01234567 3/20/14PTR NO. 123456 10/29/14

Copy furnished:

ABDULWAHID KHALILCounsel for the DefendantRoom 123, RGT Bldg., Zamboanga CityIBP O.R. 987654 3/20/14PTR NO. 54321 10/29/14

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

Republic of the Philippines)C i t y o f Zamboanga) S.S.

I, SARAH ABDUHAKIM, after having been sworn deposes andsays: That she is the plaintiff in the above-entitled case; That she causedthe preparation of the foregoing complaint; That she has read and

understood its contents; That to her own knowledge the allegationsthereof are true and correct; That she hereby certifies that she has notheretofore commenced any other action or proceeding involving the sameissues before the Supreme Court, the Court of Appeals, or any othertribunal or agency, and to her own knowledge no such action orproceeding is pending before said courts; That should she learn hereafterthat a similar action or proceeding has been filed or pending before theSupreme Court, the Court of Appeals, or any other tribunal or agency, sheundertakes to report the same to this Honorable Court within five (5) daystherefrom.

HEREUNTO set her hand this 31st day of May 2013, atZamboanga City, Philippines.

SARAH ABDUHAKIM

Affiant

SUBSCRIBED and sworn to before me this 31st day of May 2013at Zamboanga City, Philippines.


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Republic of the PhilippinesSECOND SHARI'A CIRCUIT COURT

Third Shari'a Judicial DistrictZamboanga City

SARAH ABDUHAKIM, Civil Case No. 1234Plaintiff

-- versus For: SUPPORT

ABU K SADOH,Defendant.

x- - - - - - - - - - - - - - -x

ANSWER

(with Affirmative and Negative Defense)

COMES NOW the defendant, by counsel, and unto this Honorable

Court, most respectfully alleges:

1. That defendant admits the allegations of paragraphs 1, 2, 3

and 6 of the complaint;

2. That defendant specifically denies the allegations of

paragraphs 4 and 5 of the complaint, the truth being that the defendant did

not abandon his wife and his daughter nor cohabits to other woman as

accused by the plaintiff in her complaint in fact the defendants ATM

(Automated Teller Machine) Card is in the possession of the plaintiff and

therefore the allegation in the complaint is without merit;

3. That defendant denies the allegation that the plaintiff has no

means of support because the truth of the matter the plaintiff if public

elementary school teacher at Baliwasan central Elementary School.

WHEREFORE, it is respectfully prayed of this Honorable Court

that the complaint be DISMISSED for lack of MERIT.


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Other reliefs deemed just and equitable under the premises are

also prayed for.

Done this June 10, 2013, Zamboanga City, Philippines.

ABDULWAHID KHALILCounsel for the Defendant

Room 123, RGT Bldg., Zamboanga City

IBP O.R. 987654 3/20/14PTR NO. 54321 10/29/14

Copy furnished:

MOHD. ROMEL G TORRESCounsel for the Plaintiff10th Flr, Torres Tower II, La Purisima St., Zamboanga CityIBP O.R. 01234567 3/20/14PTR NO. 123456 10/29/14

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Complaint Islam Jur