Pelayo, Christopher

Philip M.
Republic of the Philippines
1st Sharia Judicial District
Sharia Circuit Court
Maimbung, Sulu

Rania Salim (Wife)

No. 2014-009
Muddai/Plaintif

SCC Case

-versus-

-for-

Jaafar Musa (Husband)

by FASKH
Muddai-alaihi/Defendant

DIVORCE

COMPLAINT
PLAINTIFF, unto this Honorable Court, most respectfully avers:
1. That, plaintiff and defendant are both of legal age, married to each other,
Muslim Filipinos, the former being presently residing at Maimbung Sulu,
Philippines, while the latter is now a resident of Serantes, Jolo, Sulu, where
they may be respectively served with court processes;
2. That, on January 28, 2012 at Maimbung Sulu, plaintiff and the defendant were
lawfully wedded in accordance with Islamic law and rites, and a customary
dowry (dower) of ONE HUNDRED EIGHTY THOUSAND PESOS (Php
180,000.00); and the couple have begotten one (1) female child, 4 months
old, and who is presently under the care and custody of the herein plaintiff;
3. That, since the inception of our aforesaid marriage defendant has been
habitually making plaintiffs life miserable by cruel conduct, himself being
jobless and without regular income to support his family, and merely relying
on plaintiffs parents to maintain his familys daily sustenance; likewise,
defendant always abused plaintiff sexually, even though she was not feeling
well and was pregnant; and, for nine (9) months now, defendant has left and
abandoned plaintiff and their minor child at plaintiffs parents house without
giving them sufficient support (nafaqa); hence, this complaint.

WHEREFORE, foregoing premises considered, it is respectfully prayed of this

Honorable Court that, after due notice and hearing, an order issues dissolving
the marriage bond between the plaintiff and the defendant by a judicial
decree of divorce by faskh; and, plaintiff further prays for such other just and
equitable relief in the premises.

Sulu Philippines, January 27, 2014

Rania Salim
Plaintif

(Petition for Divorce by

Faskh.Rania Salim, Plaintiff)
VERIFICATION/CERTIFICATION
REPUBLIC OF THE PHILIPPINES
PROVINCE OF SULU
MUNICIPALITY OF JOLO
Rania Salim, after being duly sworn to in accordance with law,
desposes and says: that she is the plaintiff in the above-entitled case; that
she has caused the above complaint to be prepared, and has read,
understood, and knows the contents thereof, having been interpreted to her
in the local dialect; and all the allegations therein are true and correct of her
own knowledge and belief.
It is herein further certified under oath that I have not heretofore
commenced any other action or proceeding involving the same issues in any
court of justice or any tribunal or government agency. If there is such other
action or proceeding, I must state the status of the same; and should I
hereafter learn that a similar action or proceeding has been filed or is
pending before any court of justice, or any other tribunal or agency, I
undertake to promptly inform this Honorable Court within five (5) days
therefrom.
Jolo, Sulu, Philippines. January 27, 2014

Rania Salim
Affiant/Plaintif

SUBSCRIBED AND SWORN to before me this 27th day of January 2014 at Jolo,
Sulu, Philippines.
Doc. No. 1411
Page No. 362
Book No. XXI
Series of 2014
Atty. Manny Jikiron
Notary Public
Until December 31, 2014
LTR NO. 1700987 X. PTO. SULU, 01-27-14
IBP ROLL No. 47772

Republic of the Philippines

1st Sharia Judicial District
Sharia Circuit Court
Maimbung, Sulu

Rania Salim (Wife)

No. 2014-009
Muddai/Plaintif

SCC Case

-versus-

-for-

Jaafar Musa (Husband)

by FASKH
Muddai-alaihi/Defendant

DIVORCE

ANSWER
DEFENDANT, UNTO THIS Honorable Court, most respectfully submits this
answer and heretofore avers that:
1. I received plaintiffs complaint on January 30, 2014 and may file this
answer 10 days thereafter or until February 9, 2014;
2. I admit paragraphs 1 and 2 of the complaint but vehemently deny all
allegations in paragraph 3 for being baseless and fabricated and
considering the fact that neither of them merit any of the grounds in
Article 52 Divorce by Faskh of P.D 1083 or the Code of Muslim Personal
Laws;
3. Plaintiffs accusation of cruel conduct is bereft of truth. It does not even
fall under any of the enumerations under Article 53, P.D. 1083 on the
grounds of unusual cruelty. Moreover, I have never caused plaintiff any
physical, sexual, psychological nor emotional pain or suffering. As a
matter of fact, I gave in to all of plaintiffs whims and caprices and that
of her family and I supported her in all means possible despite the
meddling of her parents.
4. Several months after our marriage, I raised money to start business in
Serantes Street where I lived with plaintiff but it only lasted for barely 3
months when her mother insisted that we live with them at their
residence in Maimbung, Sulu. Thereafter, I engaged in driving a sidecar motorcycle to support my wife and financially contribute to her
family as we were under the same household.
5. I have never mistreated plaintiff more so her allegation of sexual abuse
is a sheer creation of imagination. As a matter of fact, thru the
schemes of plaintiffs mother, it was plaintiff who deprived me of
marital obligation. Sometime in March 2013, plaintiff and I slept
separately from each other for one month. Plaintiff slept in her parents
room while I slept alone in a bedroom at the 2 nd floor of their house for
one month pursuant to her mothers schemes, in reiteration, thereby
depriving me of plaintiffs marital obligations towards me;
6. Thereafter, plaintiff with the intervention of her parents, shooed me off
their house and so I lived with my mother in Serantes Street since
December 2013 onwards. She refused to neither live with me in

Serantes nor separately rent a place to finally settle down on our own.
In spite of this, I continuously supported her by sending money
especially so knowing her to be pregnant. However, plaintiff refused to
receive any money I send and I was not even informed when she gave
birth to our child. Nonetheless, I continuously sent her money for their
nafaqa which likewise repeatedly refused for unknown reasons;
7. With the strings of events, I have come to a realization that since
plaintiff would not want to live with me, separately and a far from our
respective families, our marriage would never prosper under the
intervention of plaintiffs parents. Considering the aforementioned
paragraphs in addition to irreconcilable differences resulting from
interference of plaintiffs parents and pursuant to my rights under
Islamic laws, I HEREBY PRONOUNCE TALAQ OVER MY WIFE;
8. Henceforth, I shall continuously provide support over my child but
respectfully assert my visitation rights initially and consequently affirm
my custody rights as provided by Article 78 P.D. 1083 in due time.

WHEREFORE, foregoing premises considered, it is respectfully prayed

of this Honorable Court that, after due notice and hearing, an order
issues dissolving the marriage bond between the plaintiff and the
defendant by a judicial decree of divorce by faskh; and, plaintiff further
prays for such other just and equitable relief in the premises.

Sulu Philippines, February 9, 2014

Jaafar Musa
Defendant

(Petition for Divorce by

Faskh.Jaafar Musa, Defendant)
VERIFICATION/CERTIFICATION
REPUBLIC OF THE PHILIPPINES
PROVINCE OF SULU
MUNICIPALITY OF JOLO
Jaafar Musa, after being duly sworn to in accordance with law,
desposes and says: that he is the defendant in the above-entitled case; that
he has caused the above complaint to be prepared, and has read,
understood, and knows the contents thereof, having been interpreted to her
in the local dialect; and all the allegations therein are true and correct of his
own knowledge and belief.
It is herein further certified under oath that I have not heretofore
commenced any other action or proceeding involving the same issues in any
court of justice or any tribunal or government agency. If there is such other
action or proceeding, I must state the status of the same; and should I
hereafter learn that a similar action or proceeding has been filed or is
pending before any court of justice, or any other tribunal or agency, I
undertake to promptly inform this Honorable Court within five (5) days
therefrom.
Jolo, Sulu, Philippines. February 9, 2014

Jaafar Musa
Defendant

SUBSCRIBED AND SWORN to before me this 9th day of February 2014 at Jolo,
Sulu, Philippines.
Doc. No. 1411
Page No. 362
Book No. XXI
Series of 2014
Atty. Al faisar Alam
Notary Public

Until December 31, 2014

LTR NO. 1299078 X. PTO. SULU, 02-09-14
IBP ROLL No. 47642