Drafts of Application for Appointment of Guardian

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1

IN THE COURT OF SENIOR CIVIL JUDGE/ GUARDIAN JUDGE ISLAMABAD (EAST)

                        Guardian Application No._____/2016

Mehwish Tariq wife of Muhammad Asif, resident of House No.19, Street No.07, Block ‘F’, Soan Garden, Islamabad.

                                                             …Applicant 
                         Versus

Muhammad Asif son of Khuda Baksh, resident of House No. 24, Street No.03, Block ‘F’, Soan Garden, Islamabad.

			…Respondent

APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSON OF THE MINOR NAMELY MUHAMMAD FAKHEEM BORN ON 10th NOVEMBER 2007 AND MAINTAINING THE SOLE CUSTODY OF THE SAID MINOR

The applicant respectfully submits as under:-

  1. That the applicant was married to the respondent on 12th November 2006 according to the Muslim Rites and ceremonies at Islamabad, thereafter, both the parties started living at Islamabad, initial few days after the marriage were harmonious but thereafter, the respondent came out with his true colours, started maltreating the applicant and always considered the marriage as an onerous bond as a result of which differences cropped up amongst the spouses. Even during the abadi period, the respondent never maintained the applicant in any manner whatsoever.

  2. The applicant always requested the respondent to mend his behaviour but the respondent instead of changing his behaviour started threatening and harassing the applicant. The affairs went from bad to worse day by day. The respondent remained irresponsible and never shouldered his responsibilities as a responsible husband even the respondent never spent even a single penny in account of maintenance of the applicant as well as the minor.

  3. That inspite of best efforts by the applicant, the respondent is not ready to mend his behaviour and not only physically but also mentally tortured the applicant and he never fulfilled his obligations.

  4. That it is further necessary to mentioned here that the respondent deserted the applicant when she was on the family way and the minor was born when the applicant was in her parent’s house and all the expenses were borne by the applicant’s parents, and further it is necessary to mention here that the applicant is residing with her parents since long.

  5. That the minor namely Muhammad Fakheem born on 10th November 2007 and the applicant being the mother of the minor daughter is entitled to act as a Guardian of the minor on the following grounds:

GROUNDS:-
i. That the welfare of the minor is with the applicant who is the real mother of the minor and is to supervise his education, well being, welfare and person.

ii. That inspite of this fact that the respondent is to be with the applicant but the respondent did not join the applicant and the minor therefore, the respondent can not exercise his Guardianship over the above named minor son.
iii. That the respondent is not residing with the applicant, therefore, can not supervise the affairs of the minor. The applicant is required to be appointed as a Guardian to deal the affairs of the person of the minor including education.

iv. That the respondent is irresponsible person, having no love and care for the minor son.

v. That respondent presently neither has the means nor sufficient time and requisite mental and moral fiber for bringing up the minor according to the Islamic Traditions and further the respondent cannot be a better guardian in all respect in the welfare of the minor son.

vi. That the welfare of the minor son in all respect is with the applicant to be appointed as a Guardian of the persons of the minor.
vii. That the respondent has failed to extend entire financial support to the minor since his birth, having no interest, love and affection with the minor being his father. The respondent being the father has failed to act as a Guardian through out the period.

viii. That the minor son is in the sole custody of the applicant and the applicant being the real mother of the minor is entitled to enjoy the said right of custody over the minor son. The minor also has a right to live with the applicant as her mother.

  1. That the applicant being the mother of the minor is entitled for the Guardianship of the person of the minor namely Mohammad Fakheem born on 10th November 2007 and also entitled to keep the sole custody of the minor.

  2. That the applicant requested the respondent to appoint Guardian of the minor son namely Muhammad Fakheem two days ago, but he refused to accede the requests of the applicant.

  3. That the cause of action accrued to the applicant about two days ago and is continued.

  4. That the marriage was registered at Islamabad, the spouses are in Islamabad, the minor is residing at Islamabad, therefore, this Honourable Court has jurisdiction to adjudicate upon this matter.

  5. That the prescribed Court fee of Rs.15/- has been affixed on the plaint.

PRAYER:-

In the circumstances, it is therefore, respectfully prayed that the titled application may kindly be accepted and the following relief may kindly be granted:

i. An order for appointment of the applicant as Guardian of the persons of the minor Mohammad Fakheem born on 10th November 2007.

i. An order for maintaining the sole custody of the minor by the applicant.

Any other relief, which this Honourable Court may deem fit and proper be also awarded.

Petitioner
Through Counsel

Imran Afzal Malik
	       Advocate Islamabad

VERIFICATION:
Verified on Oath at Islamabad on this 22nd December 2016 that the contents of the APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSON OF THE MINOR are true and correct to the best of my knowledge and belief and nothing material has been concealed.
CERTIFICATE
Certified that the subject matter or material issue in the instant application has directly or substantially been not in issue in a former suit between the same parties or between the parties under whom they or any of them claim litigating under the same title before a court of competent jurisdiction.

Further certified that the subject matter or the material issue never came up before the High Court or Supreme Court of Pakistan.

Counsel

IN THE COURT OF SENIOR CIVIL JUDGE/ GUARDIAN JUDGE/JUDGE FAMILY COURT, ISLAMABAD (EAST)

Guardian Application No.________/2016

Mehvish Tariq
Versus
Muhammad Asif

APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSONS OF THE MINOR NAMELY MUHAMMAD FAKHEEM BORN ON 10th NOVEMBER 2007 AND MAINTAINING THE SOLE CUSTODY OF THE SAID MINOR

AFFIDAVIT

I, Mehvish Tariq wife of Muhammad Asif, resident of House No.19, Street No.07, Block ‘F’, Sawan Garden, Islamabad, do hereby solemnly affirm and declare as under:

That the contents of the above captioned APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSON OF THE MINOR are true and correct to the best of my knowledge and belief and nothing material has been concealed.

DEPONENT

Further affirmed that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT

GUARDIAN JUDGE/JUDGE FAMILY COURT, ISLAMABAD (EAST)

Guardian Application No.________/2016

Mehvish Tariq
Versus
Muhammad Asif

APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSONS OF THE MINOR NAMELY MUHAMMAD FAKHEEM BORN ON 10th NOVEMBER 2007 AND MAINTAINING THE SOLE CUSTODY OF THE SAID MINOR

APPLICATION U/S 12 OF THE GUARDIAN AND WARD ACT TO MAKE INTERLOCUTORY ORDER FOR INTERIM PROTECTION OF PERSON OF MINOR

The applicant respectfully submits as under:

  1. That the applicant has filed the above titled application for guardianship which is pending for adjudication. The grounds of the said application may kindly be read with this application.

  2. 	That the applicant has good prima-facie case and there is every likelihood to succeed in the same.

  3. That there is a strong apprehension that the respondent shall interfere in the enjoyment of the custody of the minor by the applicant or to remove the minor without due process of law, or obstruct the path to the applicant’s and minor’s future growth and well being.

In the above circumstances, it is therefore, respectfully prayed that an interim order for protection of the person of the minor namely Muhammad Fakheem may kindly be passed to the effect that the respondent be restrained from removing the minor from the custody of the applicant or doing any act which constitute an invasion over the rights of the applicant in the enjoyment of the custody of the minor as her real mother.

Applicant
Through

Counsel
Advocate Islamabad

GUARDIAN JUDGE/JUDGE FAMILY COURT, ISLAMABAD (EAST)

Guardian Application No.________/2016

Mehvish Tariq
Versus
Muhammad Asif

APPLICATION FOR APPOINTMENT OF GUARDIAN OF PERSONS OF THE MINOR NAMELY MUHAMMAD FAKHEEM BORN ON 10th NOVEMBER 2007 AND MAINTAINING THE SOLE CUSTODY OF THE SAID MINOR

APPLICATION U/S 12 OF THE GUARDIAN AND WARD ACT TO MAKE INTERLOCUTORY ORDER FOR INTERIM PROTECTION OF PERSON OF MINOR

AFFIDAVIT

I, Mehvish Tariq wife of Muhammad Asif, resident of House No.19, Street No.07, Block ‘F’, Sawan Garden, Islamabad, do hereby solemnly affirm and declare as under:

That the contents of the above captioned APPLICATION U/S 12 OF THE GUARDIAN AND WARD ACT are true and correct to the best of my knowledge and belief and nothing material has been concealed.

DEPONENT

Further affirmed that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing material has been concealed therefrom.

DEPONENT