IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.
ABC son of DEF resident of _________, Rawalpindi.
…Petitioner
Versus
ABC daughter of DEF resident of ________ Islamabad.
ABC son of DEF r/o ____________ Islamabad.
…Respondents
APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.
Respectfully Sheweth,
That the petitioner was married with the respondent No. 1 on 24-04-2008 in accordance with the Muslim Rites and after marriage, respondent No. 1 started living with the petitioner as wife at his house.
That the petitioner is a bank officer and having a good reputation in his organization and belongs to a well educated and civilized family.
That in the beginning the relationship between the petitioner and respondent No. 1 remained cordial and the petitioner always treated with respondent No. 1 with love and affection and provided all types of life necessities to her. The petitioner was anxious to keep the wedlock intact and afforded all types of facilities to respondent No. 1.
That the petitioner contacted the marriage with the respondent No. 1 in accordance with the Shariat Muhammadi and always wanted to live his life according to the teaching of Islam. In this regard, the petitioner time and again requested the respondent No. 1 to live her life as Islam Teaches and Preaches.
That after the marriage, the respondent No. 1 proved herself as an undaunted lady, selfish, wayward/ arrogant, and a woman of willfulness, however, the petitioner tried his level best for the betterment and in this regard, left no stone unturned but in return, not even a single step is taken by the respondent No. 1 for the betterment of the situation. The respondent No. 1 intentionally by her conduct and behavior made the life of the petitioner miserable, however, the petitioner bothered all this for the sake of marital abode, for the honor of his family, and also for the honor of the family of the respondent No. 1 but it was the respondent No. 1, who always proved herself as NASHIZA from her conduct and behavior and ultimately she without any cogent reason left the house of the petitioner on 14-09-2008 and also took away the gold ornaments which were given to the respondent No. 1 by the petitioner. It is important to submit here that at that time, the respondent No. 1 was pregnant.
That thereafter, the petitioner tried his level best for the ABADI but due to the stubborn attitude of the petitioner and her family, in vain.
That the petitioner also filed a suit for restitution of conjugal rights in the Court of Judge Family Court, Rawalpindi, which is pending adjudication before the Court of Mr. ____, the Learned Judge Family Court, Rawalpindi, and the next date of hearing is 07-05-2009.
That during the period of GHAIR ABADI, the minor son/respondent No. 2 was born, who is presently in the custody of respondent No. 1.
That the petitioner number of times tried to meet with the minor who is in the custody of the respondent No. 1 but due to the stubbornness and inflexible attitude of the family of the respondent No. 1, in vain.
That the petitioner being a father is lurking to embrace his minor and for that purpose, the petitioner along with his father, sister Hira Asad on 29-03-2009 at about 2 pm went to the house of the respondent No. 1 but the respondent No. 1, her brother, and other family members extended threats of dire consequences to the petitioner and other family members and refused to even allow the petitioner to see the minor. The respondent No. 1 and her other family members also used very filthily, abusive, ridiculous, and a language of defamation in nature with the petitioner and other family members.
That it also came into the knowledge of the petitioner that the respondent No. 1 while making collusion with her other family members intending to leave the country for the abroad UK and for this purpose, the respondent No. 1 while changing the name of respondent No. 2 made passport and now then applying for a visa for the UK with the respondent No. 2.
That respondent No. 1 and her other family members also extended threats of dire consequences to the petitioner and other family members on the telephone and they also extending threats that they will leave the country and the petitioner can never even see only an eye to his son/respondent No. 2.
That the petitioner is entitled to the custody of the minors inter-alia on the following grounds:
GROUNDS
1. That the respondent is a jobless and source-less lady and she does not have any independent source of income, so it is not possible for her to maintain and brought up the minor in the prevailing financial circumstances.
2. That the respondent NO. 1 is a lady of extreme emotions and sometimes she behaved like a psycho patient.
3. That the behavior of the respondent’s family is disgusting with a minor.
4. That the respondent is living with family and parents in a house, where they are dwelling, and in that atmosphere, the health of the minor is depreciated.
5. That since respondent No. 1 has left the house of the petitioner, the petitioner’s number of times got the news of the illness of the minor due to the negligence of respondent No. 1.
6. That the environment of the house of the respondent is full of suffocation and the petitioner is apprehending that the personality of the minor will be damaged from the environment existing in the house of the respondent No. 1.
7. That the father of the minor is in a position to well maintain him.
8. That father of the minor is in a position to give all the basic necessities of life to the minor.
9. That it is in the paramount interest of the minor that his custody is handed over to the petitioner. In short the welfare of the minor lies with the petitioner.
10. That the cause of action accrued a few days earlier when the respondent’s family refused to allow the petitioner to meet his son and is still continuing.
11. That the respondents are residing within the territorial limits of this Honorable Court, hence this Honorable Court has jurisdiction to entertain and adjudicate upon the matter.
12. That the prescribed court fee shall be affixed on the petition.
PRAYER
It is, therefore, respectfully prayed that the custody of the minor respondent No. 2 may graciously be handed over to the petitioners in the interest of justice. And application u/s 25 of guardian and wards act 1890 may kindly be accepted.
It is further prayed that during the pendency of the instant petition, the interim custody of the minor may graciously be handed over to the petitioner.
Petitioner
Through
Counsel(s)
Advocate High Court
VERIFICATION
Verified on Oath at Islamabad on this day of Apr 2009, that the contents of the above paras are true and correct to the best of our knowledge and belief.
Petitioner
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