IS Elective

My Dear Students in IS Elective,

This is a SAMPLE OF COMPLAINT below.

Republic of the Philippines
SHARI’AH DISTRICT COURT
Third Shari’ah Judicial District
Zamboanga City

CIVIL CASE NO. _________

For: CUSTODY OF MINOR CHILDREN

MOHAMMAD ABUBACAR
Plaintiff

-versus-

MAIMONA SARIP,
Defendant
x--------------------------x

COMPLAINT

COMES NOW the plaintiff, by the undersigned counsel, and unto this Honorable Court, most respectfully aver:

1. That plaintiff is of legal age, Filipino Muslim, and a resident of Baliwasan Grande, Zamboanga City while defendant is also of legal age, Filipino Muslim, and a resident of Campo Islam, Zamboanga City where she may be served with summons.

2. That plaintiff and defendant were married on June 12, 1999 in accordance with Islamic Law, and stayed married, living as husband and wife, until May 15, 2003 when plaintiff divorced defendant by repudiating the latter in accordance with Presidential Decree No. 1083;

3. That, during the marriage, plaintiff and defendant begot two (2) children all of whom are now living, namely Abdullah aged 9; and Almeda aged 8, all surnamed Abubacar;

4. That on September 27, 2005, defendant entered into a new contract of marriage named Cairodin Musa;

5. That said children are now all above seven (7) years old of age and still under the care and custody of the defendant;

6. That defendant has no means of income and relies entirely upon her husband Cairodin Musa of support and, consequently, lacks financial ability to raise and educate said children properly;

7. That, on several occasions, plaintiff demanded from the defendant to deliver the care and custody of said children to plaintiff but defendant refused and continues to refuse to do so without just and lawful cause; and

8. That plaintiff is the father of said children and is fully interested in their well-being, and is financially, morally and socially in a much better position than defendant to raise and educate said children.

WHEREFORE, it is most respectfully prayed that judgment be rendered:

1. Awarding the care and custody of the two (2) children, namely, Abdullah aged 9; and Almeda aged 8, all surnamed Abubacar, to plaintiff without prejudice to defendant visiting and seeing said children during such period as this Honorable Court deems proper; and

2. Adjudging defendant to pay the costs of this suit.

Plaintiff further prays for such other relief deemed just and equitable under the premises.

February 23, 2007, Zamboanga City, Philippines

KAMARODIN A. ABDULKARIM
Counsel for Plaintiff
2/F IAIS Building
WMSU Commercial Center
7000 Zamboanga City
IBP O.R. 0001 1/10/07
PTR No. 1000 1/15/07