STATEMENT OF CLAIM
1. Plaintiff, Farah binti Abdul Rahim (I/C No.: 781111-09-5716), at 120, Jalan S2D2, Garden City Homes, Seremban 2, 70300 Seremban, Negeri Sembilan. Plaintiff is Defendant’s wife. A copy of I/C is attached as exhibit “FAR-1” and a copy of Surat Akuan Anak Kariah is attached as exhibit “FAR-2”.
2. Defendant, Ariq bin Haris (I/C No.: 760507-10-5055), at No.22 Jalan Bukit Tempurung 27/85, 40400 Seksyen 27, Taman Alam Megah, Shah Alam, Selangor. Defendant is Plaintiff’s husband.
3. Plaintiff and Defendant were married on 25th January 2004. A copy of Marriage Certificate is attached as exhibit “FAR-3”.
4. Plaintiff and Defendant were divorced at Mahkamah Rendah Syariah Shah Alam on 25th July 2007 with one talaq, Summon Mal No.: 10001-55-0896-2007, Divorce Registration NO.: 278/2007. A copy of Divorce Certificate is attached as exhibit “FAR-4”.
5. From the valid marriage, Plaintiff and Defendant have two (2) children; Alina Syafiqa binti Ariq, date of birth 02 November 2004 and Imran Syafiq bin Ariq, date of birth 07 January 2007. A copy of birth certificates is attached as exhibit “FAR-5”.
6. Plaintiff is now working as a Medical Doctor at Kuala Lumpur General Hospital.
7. Plaintiff has not yet remarried after divorce on 25th July 2007.
8. Plaintiff would like to claim mut’ah from the Defendant amounted to RM200, 000.00 based on Plaintiff’s contribution to the Defendant during their marriage. Among the contributions given by the Plaintiff are: -
i) Give birth two (2) children to the Defendant.
ii) Give support to Defendant’s job, who is a General Manager by accompanying Defendant to official function and also during outstation as well as preparing for Defendant’s clothes to go to office.
iii) Take care and educate the children.
iv) Plaintiff has to bring the children to see doctor or dentist when they are sick without Defendant’s presence because Defendant is always busy with his job.
v) Plaintiff, as a mother had sacrificed her time to educate the children with academic and religious matters.
vi) Plaintiff, as a wife, has to prepare food for the family as well as to do house chores.
9. Based on the reason given above, Plaintiff hopes that the Court will grant mut’ah of RM200, 000.00 to Plaintiff.
To:
Ariq bin Haris (I/C No.: 760507-10-5055)
No.22 Jalan Bukit Tempurung 27/85
40400 Seksyen 27, Taman Alam Megah
Shah Alam, Selangor.
Tel. No.: 03-97669190
Dated this on day of 2008.
....................................................................
Plaintiff (or Plaintiff’s Syarie Lawyer)
This Statement of Claim was filed by Messrs. Adam Mahmud & Co., Syarie Lawyer on behalf of Plaintif, addressed at Suite 707, Tingkat 7, P.O.Box 37, Wisma Hamzah, Lorong Kasturi, 50150 Kuala Lumpur. Tel No: 03-22220507/08/09, Fax No: 03- 22220710. [Our Ref.: AM/FAR/2326/021107]
STATEMENT OF DEFENCE
(1) Defendant admits the Paragraph (1), (2), (3), (4), (5), (6), and (7) of the Statement of Claim submitted by the Plaintiff.
(2) Defendant, disagree on paragraph 8 (ii) because Plaintiff always asked Defendant to find another job as his position as General Manager is making it hard for him to find time for the family. But the Defendant sticks to his job because it is hard to find another job nowadays.
(3) Defendant, disagree on paragraph 8 (iii) because their children are always at the nursery during working hours, as for both of them are working. Defendant also takes care of the children when the Plaintiff was on call for the hospital since Plaintiff is one of the medical doctors.
(4) Defendant, disagree on paragraph 8 (iv) because it is a duty of parents (mother or father) to bring the children to the doctor when the children are in sickness despite who is actually taking them there.
(5) Defendant, disagree on paragraph 8 (v) because the Plaintiff spent most of her time at the hospital, during working period, and even sometimes off working period.
(6) Defendant, disagree on paragraph 8 (vi) because his family always eat outside and once a week, a housekeeper will come to their house to do house chores.
(7) Defendant denies the claim in Paragraph (9) of the Statement of Claim submitted by Plaintiff amounting to RM200, 000.00 as the mut’ah from the divorce.
(8) Therefore, Defendant applied for Statement of Claim submitted by the Plaintiff will be rejected with cost.
Dated this day of 2008
………………………………………………………..
Defendant (or Peguam Syarie for the Defendant)
This Statement of Defence was filed by Messrs. Nizam & Co., Peguam Syarie addressed at P.O.Box 21, No.54A Jalan 6/21 D, Idaman Business Centre, 50550 Kuala Lumpur. Tel. No.: 03- 6325 1110 / 11 / 12. Fax No.: 03- 6325 1113. [Our Ref: NC/AH/0210/070507]
statement of claim dan statement of defence di atas adalah rekaan semata2, disediakan oleh anis dan zubaidah untuk tujuan pembentangan dalam kelas tutorial subjek EPS2.. terdapat beberapa kesalahan, tetapi aku sengaja post statements yang salah ni.. terima kasih kepada intan kerana telah mengedit bahasa inggeris aku yang bercelaru dan kacau.
statements di atas disediakan tanpa merujuk kepada lecturer terlebih dahulu sebelum pembentangan, as he wishes so.. aku juga tidak merujuk kepada yang pakar kerana tiada kesempatan, masa memang mencemburui kami..
heading kedua-dua statements di atas; korang reka sendiri lah.. kacang je..
