Petition under section 25 of Guardian and Wards Act format

 

Guardian Petition format

In the name of ALLAH, the most beneficent, the most merciful

 

IN THE COURT OF SENIOR CIVIL JUDGE/ JUDGE GUARDIAN COURT, RAWALPINDI

 

Nasira Parveen Gujar Khan wife of Arshad Khan resident of House No. 122, Street No. ,2,  DHA, Phase 6, Rawalpindi

…Petitioner

Versus

 

Arshad Khan Raja Malik son of Muhammad Aslam Pervez R/O House No. 1, Street No. 4, Mohallah Shah Chan Chiragh, Rawalpindi

Respondents

 

PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890 FOR THE CUSTODY OF MINOR NAMELY  MUHAMMAD ALI AGED ABOUT 08 YEARS

 

Respectfully Sheweth:

 

1.               That the marriage ceremony of the petitioner was solemnized with respondent on 01-03-2003 against the dower amount of Rs. 100,000/- out of which Rs. 5,000/- was paid to petitioner at the time of marriage, while rest the dower amount is still due against the respondent.  

 

2.               That after the marriage, petitioner started residing with respondent and performed her matrimonial obligations. Out of this wedlock, 2 kids (1) Muhammad Ayan age about 13 years, (2) Muhammad Ali aged about 08 years were born who are alive and one of them namely Muhammad Ali is under the custody of respondent.

 

3.               That after the marriage, differences were cropped-up between the parties, and since August 2018 both the parties are residing separately.

 

4.               That the petitioner seeks custody of minor Muhammad Ali on the following grounds:-

 

GROUNDS

 

a.    That the respondent is not a man of good character and under the above mentioned circumstances, living of minor Muhammad Ali with respondent would not be good in any way for the minor.

 

b.   That currently the minor is studying in a school “Ahmed Public School” situated in backward area of Shah Chan Chiragh, Rawalpindi and the educational standard of above mentioned school is not of so much high quality therefore, the petitioner wants his son  Muhammad Ali to be admitted in Army Public School for his better education and bright future.  

 

c.    That the petitioner financially sound person, serving her duties at NADRA as Assistant Director,  deriving handsome salary, therefore she can provide every necessity of life to the minor.

.  

d.   That the minor cannot be brought up properly without his real  mother.

 

e.    That the act of the respondent is totally improper and only to deprive the petitioner from her real son.

 

 

f.      That the petitioner being real mother of the minor is entitled for the custody of the minor.

 

g.    That welfare of the minor lies with the petitioner.

 

h.   That the petitioner is in a better position to lookafter, bring up and educate the minor.

 

 

5.               That the minor has not been handed over to the petitioner till today despite of the repeated efforts/ requests made by the petitioner, hence this Guardian Petition.

 

6.               That the cause of action accrued to the petitioner against the respondent lastly few days ago, when respondent refused to handover the custody of minor, which is continuing day by day.

 

7.               That the minor is under the custody of respondent, who is living in Rawalpindi, hence this Honorable court has the jurisdiction to adjudicate upon the matter.

 

8.               That prescribed court fee has been affixed.

 

PRAYER:

 

In the circumstances, it is humbly prayed that the custody of minor son namely Muhammad Ali aged about 08 years may kindly be handed over to the petitioner for his welfare, upbringing, best education and bright future.  

                                  

Any other relief, which this Honourable Court deems fit and proper may also be granted to the petitioner.

 

 

Petitioner

Through

 

 

Counsel  

Advocate High Court

VERIFICATION:

 

Verified on oath at Rawalpindi on ___day of ____________that the contents of the Petition are true  to the best of my knowledge and belief and rest of the paras are believed to be correct as per information received. 

Petitioner

Petition under section 25 of Guardian and Wards Act format