IN THE COURT OF GUARDIAN JUDGE, LAHORE
Ashraf Masih S/o Rehmat Masih R/o House No. 530-H F arooqia Colony Jahanzib Block Allama Iqbal Town, Lahore.
PETITIONER
Vs Nazia W/o Ashraf Masih R/o House No. 30 Najaf Colony Bhekewall, Lahore.
RESPONDENT
APPLICATION UNDER SECTION 25 OF GUARDIAN AND WARDS ACT 1890 The petitioner submits as under:
1. That That the petitio petitioner ner was married married with the responden respondentt on 15.04.2 15.04.2005 005 accord according ing to Christ Christian ian.. Photoc Photocopy opy of Marria Marriage ge Deed Deed is append appended ed herewith for kind perusal of the Honorable Court as Annexure “A” 2. That out out of the wedloc wedlock k two children children were were born born namely namely Momi Aiman Aiman born dated 10.02.2006 and know approximately more then 2 year of age Faizan Ashfir born on dated 12.09.07 approximately more then 1 year of age respectively, who are in the custody of the respondent. 3. That That the respond respondent ent lived lived with the petition petitioner er legal wedded wedded wife of plaintiff in the beginning of our wedded life defendant has relations with some ill reputed persons, when ever the petitioner tried to stop her to keep away from those person the respondent always create a situation of quarrel and it become a routine when ever any one of my family member request her to leave, that kind of bad company she always left the house of petitioner and went back to her parents house lastly lastly in the month of November November 2007 the Responden Respondentt left the house of petitioner from then she is still living with her parents without having any sence that the children’s best way to live is that they live with love and affection of both the parents.
4. That in the month month of March March 2008 petition petitioner er filed a suit suit for Restitutio Restitution n of conjugal rights which is still pending for adjudication in the Court Akram Nawab Sindhu, in re Ashraf Masih Vs Mst. Nazia there the Respon Responden dentt refused refused to join join the petition petitioner er as his wife throu through gh her statement. 5. That That it is quite quite danger dangerous ous for the welfa welfare re of minors minors if they they left under under the hands of the Respondent because the respondent have connection with ill reputed vagabond persons which could destroy the future of minors. 6. That the the respondent respondent have have no any earning earning hand hand by reasonab reasonable le sources sources and and all all the the time time the the resp respon onde dent nt is out out of touc touch h with with her her mino minor r children’s, and she had no time to care and to look after the minors, and the environment of the locality as well as the atmosphere of the house of respondent is improper, immoral and against the welfare of the minors. The petitioner and his family tried there best to make her understand that both Husband and Wife are the necessary wheels to move the car of life and better grownup of minors but in vain. 7. That the the petitione petitionerr is living living in a joint family family at above above said said address address and have a better financial and social position in his locality, the character building is at the better position if the minors are handed over to the petitioner. 8. That That the petitio petitioner ner is entitl entitled ed to get the custod custody y of the minors minors on the following amongst other.
GROUNDS i)
Tha That it is is in the the in intere terest st of of mino minors rs tha thatt the they sho should uld han hande ded d over under the supervision of their father and should gain love and affection from him. There is no reason that this should be denied to them.
ii) ii)
That That the the paren parents ts of of the the resp respon onde dent nt ofte often n gav gavee sev sever eree bea beati ting ng to the minor children without any reason, so due to harsh attitu attitude de of respon responden dent’s t’s family family the minors minors are absolu absolutel tely y depressed they are living in very miserable condition.
iii)
That atmos mosphere of respondent’s house is not peaceful ful instead very painful which seriously effected the personality of the minors.
iv) iv)
That That the the res respo pond nden entt not not prop proper erly ly car cared ed the the min minor or and and lef leftt the the minor on the mercy of her parents who will not cared the minors.
v)
That the minor are absolutely ignored in the house of resp respon onde dent nt and and the the mino minors rs are ment mental ally ly depr depres esse sed d and and
personality of the minor is badly damaging the minors are in this age. vi)
That some other things will be presented before the Honorable Court at time of evidence and arguments.
9. That the respond respondent, ent, inspite inspite of the frequen frequentt requests requests of the petitione petitioner r for the custody and meeting of the minors but the respondent refused to handover the custody of the minors and she kept the child away from his father and the respondent also refused to allow the petitioner to meet the minor, hence the present petition. 10.That the cause of action accrued in favour of the petitioner against against the respondent firstly when the respondent without the permission of the petitioner took the minors almost in the month of November 2007 and lastly a week ago when the respondent refuse to handover the custody of minors to petitioner which is still continues. 11.That the parties to the suit are residing at Lahore, so this Honorable Court has got jurisdiction to adjudicate upon the matter. 12.That the proper Court fee is affixed on the plaint.
Prayer It is therefore respectfully prayed that the respondent is directed to handover the the cust ustody ody of the mino minors rs to the petitioner and during the pendency of the petition he being a natural guardian of the children, be allowed to meet with the minors and interim cust custod ody y of the the mino minors rs may may also also be handed over to the petitioner. Any other relief which this Honorable Court deems fit and proper may also be awarded.
PETITIONER
Through Muhammad Kamran Siddiquei Advocate High Court Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore
Verification Verified on oath at Lahore on this __ day of September 2008 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form
PETITIONER
IN THE COURT OF GUARDIAN JUDGE, LAHORE
Ashraf Masih Vs
In Re:-
Nazia
(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)
APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs Respectfully Sheweth:1. That That the petit petition ioner er has filed filed the the above above titled titled petition petition in this this Honou Honoura rable ble Court in which no date of hearing has been fixed so far. 2. That the the contents contents of the petition under section section 25 Guardian Guardian and Ward Ward Act be be read as part of this petition. 3. That That the case of the the petitione petitioner r is prima facie facie and arguab arguable le as the minor minor is in the custody of the respondent. 4. That That it is in the welfar welfaree of the the minor, minor, if there there tempor temporary ary custo custody dy may be entrusted to the petitioner, who is the real father and can properly educate and better living to the minor. 5. That the respondent respondent has also also refused refused to allow allow the petitione petitionerr to see the minors minors and petitioner want to see his minors to whom the petitioner has not met for last about more than a years.
Prayer Under Under the above above mention mentioned ed circums circumstanc tances, es, it is most respectful respectfully ly praye prayed d that that the order order of temp tempor orary ary custo custody dy may may very very kindl kindly y be passed in favour of the petitioner. It is also prayed that the respondent may be directed to produce the minors in the Court and petitioner be allowed to see and meet his minors which is in the interest of justice.
PETITIONER Through
COUNCIL MUHAMMAD KAMRAN SADDIQUIE ADV
IN THE COURT OF GUARDIAN JUDGE, LAHORE
In Re:-
Ashraf Masih Vs
Nazia
(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)
APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs
AFFIDAVIT AFFIDAVIT OF
Ashraf Ashraf Masih Masih S/o Rehmat Rehmat Masih Masih R/o House No. 530-H 530-H Farooq Farooqia ia Colony Colony Jahanz Jahanzib ib Block Block Allama Allama Iqbal Town, Lahore do hereby solemnly affim and declare as under:-
I the above named deponent do hereby solemnly affirm and declare on oath are that the contents of the accompanied application are true and correct to beast of my knowledge and belief and nothing has been concealed therein.
Deponent Verification Verified on oath at Lahore on this __ day of September 2008 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form.
Deponent
