Answer of Kamir in SHCC No.

2015-1178 Page 1 of 5

Republic of the Philippines

SUPREME COURT
st
1 SHARIAH CIRCUIT COURT
5th Shariah District Court
Cotabato City

AAA , SHCC CIVIL CASE No. 2015-1178

Petitioner, for

-versus- CONFIRMATION OF NOTICE OF

TALAQ

BBB,
Respondent

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

ANSWER
COMES NOW, the respondent assisted by counsel, and unto this

Honorable Court, most respectfully avers:

1. Respondent AAA, was served with SUMMONS

on JULY 7, 2015 from this HONORABLE Court directing her to answer

within ten (10) days from the receipt of the complaint and this verified

answer is clearly within period allowed by the Shariah Special Rules of

Procedure;

2. Respondent admits paragraph 1 insofar as it pertains to the

personal circumstances of respondent;

3. Respondent admits the circumstances of marriage in paragraph 3

of the petition;

4. Respondent admits paragraph 3 of the petition as it pertains to the

circumstances of the petitioner and respondents child CCC;

5. The respondent vehemently, categorically and specifically denies

 Answer of Kamir in SHCC No. 2015-1178 Page 2 of 5

paragraphs 4, 5,7, 8 and 9, 10 and 11. All the allegations of the petitioner

have no bases and even an iota of truth and are just fictional to create an

impression and scenario so that this petition may be granted;

6. Never the respondent had threatened the petitioner or had done any

acts which could result to dissolution of the marriage. It is very unusual for a

Muslim to do such allegations for the respondent understands the importance

of family. It saddens the respondent that the petitioner even resorted to make

stories just to bolster his eagerness to divorce the respondent and completely

leaves the family and enjoys his life with his paramour.

7. The truth of the matter is that is the petitioner himself who

abandoned the respondent and her daughter who is a special child. As a wife

and mother, the respondent works so hard to preserve their marriage and the

family for she know how important a family is and her daughter deserves to

grow with harmonious and complete family;

8. In retrospect, the last time that the respondent and her daughter had

seen the petitioner was on the year 2002. Since then, the petitioner had left

his family and never performed his obligations and responsibilities as a

husband . If only that he was a responsible father, as he claimed to be, he

should have not left the respondent and their daughter. More so, that the

child needs special care and attention because of her special condition;

9. For thirteen (13) long years that he petitioner had afforded to never

see and visit his family, could this be a work of a responsible father? It is a

gross violation of Article 34 and 35 of PD 1083 otherwise known as The

Code on Muslim Personal Laws of the Philippines which specifically

 Answer of Kamir in SHCC No. 2015-1178 Page 3 of 5

provide for the mutual rights and obligations of the husband and wife as well

as the rights and obligations of the husband respectively;

10. Because the respondent had never lost hope and still prayed that

she could still bring together the family for the sake of her special child, she

never initiated any action for divorce or exercise her right granted under

Article 34 paragraph 2 of P.D 1083 which the pertinent part of the provision

is herein quoted:

When one of the spouses neglects his or her duties to the conjugal

union or brings danger, dishonor or material injury upon the other, the

injured party may petition the court for relief. xxxxxxx

11.If truth is to be told, the real intention and motive of the petitioner

in severing the marriage is for him to deprive the respondent as legitimate

wife and their daughter to be beneficiaries of his retirement claims as he

intends to retire from AFP services this October of 2015;

12. On May 20, 2015, the respondent was shocked when she received

a Notice of Talaq from the petitioner which was never agreed or concurred

upon by the respondent;

PRAY E R

WHEREFORE, foregoing considered , the Respondent, being the

wife and is left with no preferable option of saving the marriage, most

respectfully prays to this Honorable Court that after due notice and hearing,

an order be issued:

1. Constituting the Agama Arbitration Council as provided in Article

161 of P.D 1083;

 Answer of Kamir in SHCC No. 2015-1178 Page 4 of 5

2. The custody of the child CCC shall be granted to the respondent;

3. The petitioner shall not be discharged from his obligations to give

support in accordance with Article 67 of PD 1083;

4. Directing the Philippine Marine, Philippine Navy, Armed Forces of

the Philippines that fifty (50) percent of all the benefits, retirement

claims and other money claims shall be made payable to the

respondent, such amount represents the support for the child CCC.

5. Respondent further prays for such other reliefs and remedies

equitable under the premises.

Cotabato City, Philippines, July 20, 2015.

AAAA
Respondent

Assisted by:

DDD

NOTICE OF SUBMISSION

THE BRANCH CLERK OF COURT

1st Sharia Circuit Court
5th Shariah District
Cotabato City
 Answer of Kamir in SHCC No. 2015-1178 Page 5 of 5

Please submit this Verified Answer for the consideration and

approval of the Honorable Court immediately upon receipt thereof. Thank
you.

DDDDD