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| Writ Petition for custody of minors |
In the name of ALLAH, the most beneficent, the most
merciful
Format
of Writ Petition against acceptance of petition under section 491 Cr.PC for
recovery / custody of minors
If court accepts petition under section 491
Cr.PC for recovery of minor children in favour of any parent, the aggrieved
parent can file writ petition before the Honourable High Court for setting
aside order of session court and for custody of minors.
IN THE
W.P.No._________/2022
Muhammad Sabeel Qureshi son of Mehmood Alam resident of House No. 1, Street No. 4,
Mohallah Shah Chan Chiragh, Rawalpindi
Petitioner
Versus
1.
Learned Addl.
Session Judge Rawalpindi
2.
Rabia Yaseen wife
of Muhammad Zafran resident of Chak No.22, Bagowal, Tehsil Malikwal, District
Mandi Bahauddin, presently residing at Tehsil and District Jhelum
3.
Station House
Office P.S District
Respondents
WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC
Respectfully Sheweth:-
1.
That the
addresses of the parties for the purpose of service are the same as given in
the heading of the petition.
2.
That the brief
facts of the writ petition are that the respondent No.2 filed a petition under
section 491 Cr.P.C. against the petitioner contending therein that the marriage
of the petitioner with respondent No.2 was solemnized on 05.12.2009, in lieu of
dower amount of worth Rs.1,000/- on presence of witnesses. During the wed lock period five children
namely ___________ were born and respondent No.2 at her level best performed
obligations towards the matrimonial life and also tolerated all the rough and
insulting attitude of the petitioner as well as his other family who time and
again instigated the petitioner against the respondent No.2 and just on such
interference, the petitioner became
harsh and starting severely beating the respondent No.2 and also above minor
children without any justification and reason just on the petty matters but on
the other hand being eastern lady and also to save her matrimonial life
respondent No.2 nothing made any complaint regarding such insulting and
misbehaved attitude on the part of petitioner and made lot of efforts to change
the attitude of petitioner but he paid no any heed in this regard, resultantly
3 / 4 months prior the petitioner without any reason and justification after severe
physical torture as well as snatching the entire gold ornaments as well as
dowry articles of respondent No.2. It is pertinent to mention here that on such
time of desertion the petitioner on behest of other snatched and retained the
above minors.
3.
That the Learned
D/Addl. Sessions Judge Rawalpindi accepted the petition under section 491
Cr.P.C file by the respondent No. 2 and passed order dated
4.
That the impugned
order dated
GROUNDS
A.
That the impugned
order is against law and facts of the case and is not sustainable in the eyes
of law.
B.
That out of 5
minors three namely ___________respectively are students at ___________situated
at ___________where education and stationary are also provided to minors free
of cost. Furthermore, the said School is quite near to residence of the
petitioner but the learned trial court did not consider this fact and passed
the impugned order which resultantly effected the education of the minors.
C.
That the
petitioner during proceedings before respondent No. 1 also filed the counter
affidavit and hotly contested the petition under section 491 Cr.P.C filed by
the respondent No. 2 but respondent No. 1 did not consider the stance of the
petitioner and in haphazard and slip shod manner has decided the matter and
even did not record the statements of minors, hence the impugned order has not
passed on merits resultantly it has no value in the eyes of law.
D.
That the contents
of petition under section 491 Cr.P.C moved by the respondent No. 2 itself
reveals that the minors were not removed from the lawful custody of respondent
No. 2 being real mother, therefore it’s not a matter of urgency and since last
nine months the minors are still residing with the petitioner, thus the
petition filed by the respondent No. 2 does not meet with the requirements
provided in section 491 Cr.P.C and minors were in lawful custody of the
petitioner/ father.
E.
That respondent
No. 1 is still ready to reconcile the matte right now with the respondent No. 2
and ready to Abad her from the court premises just to save his matrimonial life
and future of minors.
F.
That the house of
the parents of respondent No. 2 is _____, which is backward area having no
proper facilities but the learned trial court ignored this fact and passed the
impugned order which effected badly to the studies and upbringing of the minors.
G.
That the
respondent No.2 is an illiterate lady presently has no source of income and is
living on the mercy of others i.e. father and other family members, which is
adversely affecting the minors.
H.
That the
petitioner being real father and natural guardian is entitled to the custody of
the minors.
I.
That the
petitioner is in a better position to look after and bring up the minors than
the respondent No. 2.
J.
That the minors
have not been recovered by the concerned police officials rather they were
peacefully residing with the petitioner since last 9 months.
K.
That atmosphere of respondent No.2 parental
home is not conducive for supreme welfare of the minors.
L.
That the
respondent No. 2 while filing petition under section 491 Cr.P.C against the
petitioner concealed the actual facts and got the impugned order in her favour
by misleading the respondent No. 1.
M.
That the impugned
order is based on conjectures and surmises and the same is liable to be
set-aside.
N.
That the impugned
order is not speaking judicial order and not based on reasoning rather this is
based upon assumptions and presumptions.
O.
That the impugned
order is not sustainable in the eye of law.
P.
That the
Q.
That impugned
order is result of illegalities and irregularities which resulted into grave
mis-carriage of justice.
R.
That the impugned
order is result of mis-reading and non-reading of material available on record.
S.
That the Learned
Courts below exercised the jurisdiction not vested in it and did not exercise
the jurisdiction vested in it.
T.
That the impugned
order has been passed in a post haste and arbitrary manner, thus are not
sustainable in the eye of law.
U.
That the
V.
That the
petitioner reserves the right to agitate further grounds and to produce the
judgments relating to this matter for your kind assistance.
5.
That the
petitioner has no other alternative remedy available to the petitioner, except
to invoke the constitutional jurisdiction of this Honorable Court.
PRAYER
It is, therefore,
respectfully prayed that this writ petition may kindly be accepted and the
impugned order dated 03.04.2021 passed by D/Addl. Session Judge Rawalpindi may
kindly be set aside and for betterment of the minors, the custody of the minors
may kindly be handed over to the petitioner, in the interest of justice.
Any other relief
which this Honorable Courts deems fit and proper may also be awarded to the
petitioner.
Petitioner
Through
Counsel
CERTIFICATE:
As per information, it is certified that this
is the first writ petition in this Honorable Court on subject matter against
the impugned notice.
Counsel