Republic of the Philippines SHARI’A DISTRICT COURT Branch 2, Shari’a Judicial District Zamboanga City Mohammed Alih, Alih, Plainti,
!ersus
C"#"$ C%S& '() **+.or/ C0S1(D (. 3"'(R
Fatima Yusop, C4"$DR&' Defendant)
5666666666666666666666665 COMPLAINT
C(3&S '(7 the plainti, by the undersigned counsel, unto this 4onorable Court, most respectfully a!ers/ +) 1hat plainti is of legal age, .ilipino 3uslim, and a resident of 'o) *89 Sunset Dri!e, 1ugbungan, this City: 2) 1hat defendant is of legal age, .ilipino 3uslim, and a resident of 'o) +Sunr Su nris ise e Dr Dri! i!e, e, 3a 3amp mpan ang, g, th this is Ci City ty,, ;her ;here e she she may may be ser! ser!ed ed ;ith ;ith summons and other processes of the court: -) 1hat the plainti and defendant married on %u %ug gus ustt + +,, 2* 2**2 *2 in accorda accordance nce ;ith "slamic "slamic la;, and li!ed as husband husband and ;ife until January +8, 2*+ 2*+ ;hen plainti di!orced defendant by repudiating the latter in accordance ;ith the 3uslim Code of the Philippines
: ) 1hat during the marriage the plainti and defendant begot t;o <2> children, children, namely, namely, Jamil aged ? years old and Jamila aged = years old , all surnamed %lih %lih:: 9) 1hat on .ebruary .ebruary +, 2*+ defendant entered into a ne; contract of marriage ;ith %lmar 3isa: 8) 1hat said children children are all under the care care and custody of the defendant: defendant: @) 1hat defendant has no means of income and rely entirely upon her husband %lmar 3isa for 3isa for support and, hence, lacAs the nancial capacity to raise and educate said children properly: =) 1hat on se!eral occasions plainti demanded that defendant besto; the care and custody of said children to the former but the latter failed to heed to the demand and continues to do so ;ithout ust and la;ful cause: and ?) 1hat plainti is fully interested in terested in their ;ell6being as their biological father and is nancially, morally, and socially in a much better position than the defendant to raise and educate the children) 74&R&.(R&, foregoing considered, plainti most respectfully prays that udgment be rendered rendered ordering defendant/ defendant/
a.
1o submit the care and custody of the t;o <2> children, namely, Jamil and Jamila, all surnamed %lih to plainti ;ithout preudice to defendant’s !isitation rights as the mother during such period as the 4onorable Court deems proper:
b.
1o pay the costs of the suit) Plainti further prays for such other reliefs deemed ust and euitable under the premises)
+2 June 2*+, Zamboanga City, Philippines)
LI!L L" LU!ON Counsel for Plainti 8?14E., 1all Building 3ayaman Street Zamboanga City "BP ()R) *+- F 8E++E2*+2 P1R 'o) 2*+68E++E2
R&P0B$"C (. 14& P4"$"PP"'&S C"1 (. Z%3B(%'G% 5666666666666666666666666666666666666666665 Mohammed Alih, after being s;orn to in accordance ;ith la;, depose and say/ 1hat he is the plainti in the abo!e6entitled case: 1hat he has caused the abo!e6complaint to be prepared and has read and Ano;s the contents thereof: and, 1hat the allegations therein are true based on his o;n Ano;ledge)
1hat he has not therefore commenced any action, led any claim in!ol!ing the same issues in any court, tribunal, or uasi6udicial agency and to the best of his Ano;ledge, no such other action or claim is pending therein: if there is such other pending action or claim, a complete statement of the present status thereof shall be led: and if he should thereafter learn that the same or similar action or claim has been led or is pending, he shall report that fact ;ithin !e <9> days therefrom to the court ;herein his aforesaid complaint or initiatory pleading has been led)
3ohammed %lih %Hant
S0BSCR"B&D %'D S7(R' to before me this +2th day of June 2*+ at Zamboanga City, Philippines) %Hant e5hibiting his residence certicate no) +998? issued at Zamboanga City on January , 2*+)
%11) .%13% 0CI0 'otary Public 0ntil +2EE+8 P1R 'o) -?+@6+E+E+
Republic of the Philippines SHARI’A DISTRICT COURT Branch 2, Shari’a Judicial District
Zamboanga City Mohammed Alih, Plainti,
!ersus
C"#"$ C%S& '() **+.or/ C0S1(D (. 3"'(R
Fatima Yusop, C4"$DR&' Defendant)
5666666666666666666666665 ANS#R
D&.&'D%'1, by counsel, unto this 4onorable Court, respectfully alleges/ +) 1hat defendant admits the allegations of paragraphs +, 2, -, and 8 of the complaint: 2) 1hat defendant specically denies the allegation of paragraph 9 of the complaint the truth being that her supposed marriage ;ith %lmar 3isa did not materialie and defendant is still a di!orcee at present: -) 1hat defendant specically denies the allegation of paragraph @ of the complaint the truth being that after the di!orce the defendant ;as hired as a manager of a go!ernment o;ned and controlled banA and, therefore, is earning income and does not depend upon anybody for the support of herself and the children: ) 1hat defendant denies the allegations of paragraph = of the complaint for ;ant of Ano;ledge and information suHcient to form a belief thereof: and 9) 1hat defendant admits paragraph ? of the complaint insofar as it alleges that plainti is the father of said children but denies all the other parts thereof for ;ant of Ano;ledge and information suHcient to form a belief thereof) 74&R&.(R&, it is respectfully prayed of this 4onorable Court that the complaint be dismissed for lacA of merit) (ther reliefs deemed ust and euitable under the premise are also prayed for) 28 June 2*+, Zamboanga City, Philippines)
!L L" !ON Counsel for Defendant +E., Panalo Building 1alosila Street Zamboanga City "BP ()R) **+*+ F +E+8E2*+2 P1R 'o) 2*+6+E+8E2*+2
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