Sunday, 4 September 2016

Application U/S 42 G& Wards Act for next Guardian








IN THE COURT OF FAMILY JUDGE DADU
                                     Misc No.                / 2016

Mst. Zaib-ul-Nisa w/o late Ahmed Khan
by Caste Panhwar R/o Gharibabad
colony Taluka & District dadu ------------------APPLICANT
SHO P.S A section Dadu.
VERSUS
1: Muhammad Usman s/o Jumo Khan Panhwar muslim adult
2: Peer Bux s/o Jumo Khan Panhwar muslim adult.
3: Imran s/o Jumo Khan Panhwar muslim adult.
4: Altaf Hussain s/o Jumo khan Panhwar, muslim adult.
5: Mst. Irshad d/o Jumo khan muslim adult.
6: Mst. Shamshad d/o Jumo Khan Panhwar muslim adult all R/O Gharibabad Muhalla Dadu.

Public at Large -----------------------------------OPPONENTS.


APPLICATION U/S 42 OF GUARDIAN & WARD ACT 1890,


That the Applicant respectfully submits as under:



1.        That the applicant is one of the legal heir of deceased Ahmed Khan who was expired on 11-04-2015.

2.        That the Deceased was appointed Guardian by Honorable Family Court Dadu order dated: 03-03-2009, to the minor baby Fiza D/O Mohammad Ibrahim.The father of Minor Baby Fiza was Driver in Health Department and since 2008 Baby Fiza is residing in the home of Deceased Ahmed Khan.
3.        That at the time of death of deceased Ahmed khan, Mst.Fiza was aged about 12 years and now she is aged about 13 years, who has not attained the age of majority according to the Majority Act.



4.        That the applicant is real Aunt/ uncles wife of the Mst. Fiza  and also adult person and there is no any other surviving legal heir of deceased Ahmed Khan.
5.        That the applicant wants to look after the minor Mst. Fiza and her property, therefore she is entitled to appoint as next Guardian of the minors Fiza D/o Mohammad Ibrahim as well as her property/ fathers pension.
6.        That the applicant has no any adverse interest against the minor or her property/fathers pension.
7.        That the applicant has no alternate except to obtain the lawful order to look after the minor and her property/ fathers pension, hence this application.
8.        That the minor is  residing within the jurisdiction of P.S. A Section Dadu, which is within the territorial jurisdiction of this Hon’ble Court.   
PRAYER
       It is respectfully prayed on behalf of the applicant and minor above named that this Hon’ble Court may graciously be pleased to appoint next Guardian of the minor / ward in favour of the applicant and appoint the applicant as next guardian of the minor Baby Fiza D/o Mohammad Ibrahim and also authorize the applicant to
 look after and collect the fathers pension along with B.F from the concerned authority on behalf of above named minor, till the majority of the minor.


       Prayed is made in the larger interest of justice.

Dadu:                                        APPLICANT

Dated:     31-8-2016


                                  Advocate

                                 for the Applicant.



VERIFICATION

I, Zaibul Nisa  w/o late Ahmed Khan, Muslim, Adult, R/o Gharibabad Mohalla dadu, the applicant in the above matter do hereby solemnly affirmed and verify on Oath that the contents of all the above paras including prayer clauses are true and correct to the best of my knowledge and belief.
Dadu:
Dated:     31-08-2016                                DEPONENT
                          
         
   Identified by me.

                                                       ADVOCATE

Sworn before me on Oath at Dadu on this 31 th day of August  2016, by the deponent above named who is identified to me by MR. MUJJAN ALI PANHWAR Advocate, who is known to me personally.
COMMISSIONER FOR TAKING AFFIDAVITS

DOCUMENT FILED                   As per annexures.
DOCUMENTS RELIED UPON     Original of the Annexures, and all
other relevant documents.

ADDRESS OF THE PARTIES      As in Title.

ADDRESS FOR SERVICE OF

APPLICANT’S COUNSEL.          As in Vakalatnama.





IN THE COURT OF FAMILY JUDGE DADU
                         G & W No.                / 2016

Mst. Zaib-ul-Nisa w/o Ahmed Khan
by Caste Panhwar R/o Gharibabad
 colony Taluka & District dadu ------------------APPLICANT

VERSUS
Public at Large -----------------------------------OPPONENTS.
AFFIDAVIT
          I, Zaib-ul-Nisa  w/o late Ahmed Khan, Muslim, Adult, R/o Gharibabad Colony Dadu, do hereby state on Oath as under:
1.                 That I am applicant in the above titled case and deponent of this affidavit as such am fully conversant with the facts stated herein.
2.                  That the accompanying application U/S 42 of the G & W Act 1890, has been drafted and filed under my specific instructions and the contents whereof are true and may be treated as part and parcel of this affidavit for the sake of brevity.
3.                  That I say that I have no any adverse interest against the minor Baby Fiza and I just want to look after the minor and her property/ fathers pension as mentioned in the main application.
4.                 That until and unless the accompanying applicant has been allowed, the minor shall suffer irreparable loss and seriously prejudiced.
5.                 That whatever stated above is true and correct to the best of my knowledge and belief.
Dadu:                                               DEPONENT
Dated:     31-08-2016                        
      
                           I Know the Deponent.                  
                            
                                  Advocate             

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