IN THE COURT OF
LEARNED FAMILY JUDGE, JOHI
Guardian and Wards Application
No: /2016
Tarique Hussain Son Of Muhammad Siddique By Caste Gul Jat ,Muslim
,Adult, Originally Residant Of Maripur Karachi ,At Present Taluka Johi District Dadu……………………………………………………..Appllicant
Versus
Mst .Zahida
Parveen D/O Fateh ul-din R/O near village Haji Muhammad Qasim khan jamali
Taluka Johi dist:Dadu…………………………………………………………Opponent
APPLICATION
UNDER SECTION 7, 10, 12& 25 OF GUARDIAN AND WARDS ACT1890.
The above named applicant most
respectfully submits as under:
1.
That the
applicant resides at the above mentioned address, within the jurisdiction of
this Honourable Court.
2.
That the applicant
married with opponent in the year of 2006 and he has two daughters out of this
wedlock.
3. That the applicant kept opponent
happily,but about one year ago,the brothers of opponent came to the house of
applicant and obtained permission from him to take opponent for meeting
purpose, and applicant gave permission to her and she went with her brothers
along with two daughters namely baby
Iqra aged about 08 years and baby Aqsa aged about 06 years.
4. That after some days applicant contacted
with opponent and asked that he is coming to take her back, to which she
restrained and asked that she will come after some days.
5. That after some days the brothers of
opponent contacted with applicant and asked him not to come in their house and
they will not allow Mst:Zahida Parveen to go with him along with children.
6. That since then the opponent along
with minor children are residing in the house of her parents, and did not allow
the applicant to meet with them, thought the applicant is real and natural
guardian of minors.
7. That the opponent has no source of
income , hence she is not in position to provide all the necessities of life to
the minor Iqra and Aqsa.
8. That even sudden leaving the house of
applicant ,the minors will suffer from hardship and mental agony,and minor
children will be deprived from love and affection of their father.
9. That the atmosphere of the house of
opponent is not good for the welfare of the minor children and the opponent has
no source of income hence she is not able to provide all the necessities of the
life to the minor children Iqra and Aksa.The future of the minors will be
brighter at the hands of the applicant than at the hands of opponent as the
applicant has good source of income, therefore he will provide proper
maintainance to the minor baby Iqra and Aqsa and will admit them in a good
private school for their bright future.
10.
That the
applicant apprehends that the education and future in all respect of baby Iqra
and Aqsa will be ruined at the hands of opponent and other relatives.
11.
That the
applicant is good person enjoying good health and reputation as well as
parents, brothers of the applicants in the society and fit person for guardian
of the minor baby Iqra and Aqsa .
12.
That the
applicant being real father of the baby Iqra and Aqsa is natural guardian, he
can provide all the necessities viz good education, food etc and is thinking
about welfare, betterment and health etc for baby Iqra and Aqsa, as such it
will be in the interest, welfare, betterment and good education and future of
baby Iqra and Aqsa, if the custody of minor is handed over to the applicant by
appointing the applicant to act as a gaurdian of the person of the minor named
above, as the interest of the applicant is also not adverse to the interest of
minor children.
13.
That no guardian
of the person has ever been appointed by any court but the applicant is natural
and legal guardian of the minors.
14.
That this
application is for the declaration of the minor children.
15.
That the
applicant claims guardianship of the person of the minor children by virtue of
being mother. The applicant is being made to enable the applicant to exercise
of minor children under the authority of law.
16.
That this
Honorable court has jurisdiction to grant the application and the minor
ordinary resides with applicant at the above address, which is within the
territorial jurisdiction of this Honorable court.
17.
That the proper
court fee has been paid and the cause of action is continuing one.
PRAYER
Since the
opponent has no proper source 0f income, intoxicant, the atmosphere of the
house of the opponent is also not good in favor of minor baby Iqra and Aqsa, applicant
has divorced his wife on 06-01-2015 and she has contracted second marriage and opponent has no proper source of income
to survive herself and to provide all the necessities of life to the minor baby
Iqra and Aqsa, and the applicant is good person enjoying good reputation in the
society and is fit person for appointing the guardian of the minor children
baby Iqra and Aqsa, as he is thinking about the welfare, education, betterment
and health etc of the minor baby Iqra and Aqsa, hence it is prayed that this
honorable court may be pleased to declare the applicant as the guardian of the
minor baby Iqra and Aqsa, and also may kindly be handed over the custody of the
minor Baby Iqra and Aqsa, immediately to the applicant.
PLAINTIFF
Advocate
For the Plaintiff
V E R I F I C A T I O N
I, Tarique Hussain son of
Muhammad Siddique, by caste Gul Jatt, Muslim, Adult, Resident of Maripur Karachi,
at present Johi city, Taluka Johi District Dadu,do hereby declare and verify on
Oath that whatever is stated above in the application is true and correct to
the best of my knowledge and belief.
Verified this the day of Junuary, 2016, at Johi
Deponent
The Deponent is known to me and is
identified by me to the Commissioner for taking Affidavits.
Advocate
Dadu
On S.A before me. The deponent is identified
by Mr.Mujjan Ali Panhwar, Advocate Dadu, who is known to me personally.
by Mr.Mujjan Ali Panhwar, Advocate Dadu, who is known to me personally.
The contents of
the Application were first truly and audibly read over and explained to the Deponent
in Language which he understands fully and he appears to have understood and
admits the same to be true and correct and puts his signature in my presence.
COMMISSIONER
FOR TAKING AFFIDAVITS
DOCUMENTS FILED
Nill
DOCUMENTS
RELIED UPON All the relevant documents concerned
the matter will be produced latter on
Advocate
for the Plaintiff
Address of the parties.
As mentioned in the
plaint.
ADDERESS OF THE ADVOCATE .
As mentioned in the
vakalatnama.
LIST OF WITNESS.
1. Applicant himself.
Advocate
For the Plaintiff.
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