IN THE COURT OF GUARDIAN JUDGE, LAHORE

Qari Rub Nawaz S/o Bahwal R/o Drya Gunj Bilal Majsid Ravi Road, Lahore

PETITIONER Vs Naziran Bibi D/o Shah Muhammad W/o Qari Rub Nawaz R/o Drya Gunj Bilal Majsid Ravi Road, Lahore presently resident of Basti Ahmed Din Dakhana Jahallan Arian Shara Chatra Tehsil & District, Bahawal Nagar. RESPONDENT

APPLICATION UNDER SECTION 25 OF GUARDIAN AND WARDS ACT 1890

The petitioner submits as under: 1. That the Petitioner was married with the Respondent on 07.10.1988 according to Sharia Muhammadi. Photocopy of Nikka Nama is appended herewith for kind perusal of the Honorable Court as Annexure A 2. That out of the wedlock three children were born namely Abdul Nasir 15 years of age Ruqia 10 years of age Bubashir 8 years of age Somia more then 2 years of age respectively, which are in the custody of the Respondent since 11.05.2010. 3. That the Respondents lived with the Petitioner legal wedded wife of Petitioner in the beginning of our wedded life Respondents attitude remain non-cooperative, when ever the Petitioner tried to make cooperative and kind, the Respondent always create a situation of quarrel and it become a routine. Lastly on 11.05.2010 the Respondent left the house of Petitioner without permission/Intimation of Petitioner since then she is still living separately, without having any sence that the childrens best way to live is that they live with love and affection of both the parents.

4. That it is quite dangerous for the welfare of minor if the left under the hands of the respondent because the respondent is an uneducated lady and willing to kept the minors. Under the care of her brother and sister etc where not a single person to educated in even whole of the family.

5. That the petition is living in Lahore city and have a honorable and profession, while the minors are farced to live in a return backward of Behawal Nagar because of respondents ill will without any cause without the permission of the petition. 6. That the minor were getting education while the were living together in Lahore alongwith the respondent but know because of unmetered desire of respondent minors are forced to live in the above said backward areas without any schaling. Therefore, the welfare of minor is to live with the father.

7. That it is quite dangerous for the welfare of minors if they left under the hands of the Respondent because the Respondent is an uneducated lady and wiling to kept minors in the atmosphere ilitrated and uneducated members of family. 8. The Petitioner and his family tried there best to make her understand that both Husband and Wife are the necessary wheels to move the car of life and better grownup of minors but in vain. 9. That the Petitioner is living in a joint family at above said address and has a better financial and social position in his locality, as petitioner is

a Muslim in and in batter position for character building of minors in his supervision if the minors are handed over to the petitioner. 10.That the Petitioner is entitled to get the custody of the minors on the following amongst other.

GROUNDS
i) That it is in the interest of minors that they should handed over under the supervision of their real father and should gain love and affection from him. There is no reason that this should be denied to them. That the parents of the respondent often gave severe beating to the minors children without any reason, so due to harsh attitude of respondents family the minors are absolutely depressed they are living in very miserable condition. That atmosphere of respondents house is not peaceful instead very painful which seriously effected the personality of the minors. An her family members are totally uneducated. That the welfare of the child who attained the age of 5 even years or more would be presumed with the person who was entitled to the custody under Muslim Law. That the minors can get a better education if the custody of the minors be given to the petitioner. That the minors are forced to live with uneducated and uncivilized person of respondent family which is totally against the welfare of minors That the minors can get a better future better education person being the petitioner is an educated person and know the importance of aducation.

ii)

iii)

iv)

v) vi)

vii)

viii) That the respondent not caring the minors and left the minors on the mercy of her parents and ilitrate family members who will not care the minors. ix) That the minors are absolutely ignored in the house of respondent and the minors are mentally depressed and personality of the minor is badly damaging the minors in this age. Change of atmosphere because of at once graciously.

x)

That the Defendants financial position is week so the defendant demanding the maintenance more and more, beside all that the plaintiff is paying as monthly maintenance.

11.That the respondent, inspite of the frequent requests of the petitioner for the custody and meeting of the minors but the respondent refused to handover the custody of the minors and she kept the children away from their father and the respondent also refused to allow the Petitioner to meet the minors, hence the present petition. 12.That the Petitioner is paying as maintenance of children in compliance order of Honorable Court of Family __________Judge. But she did not carried out the order of the same Court for visitation of children. 13.That the cause of action accrued in favour of the Petitioner against the Respondent firstly when the Respondent without the permission of the Petitioner took the minors on 19th May 2008 and is continue. 14.That the petitioners to the suit is residing at Lahore, cause of action also arosed Lahore so this Honorable Court has got jurisdiction to adjudicate upon the matter. 15.That the proper Court fee is affixed on the plaint.

Prayer
It is therefore respectfully prayed that the respondent is directed to handover the custody of the minors to the petitioner and during the pendency of the petition he being a natural guardian of the children, and custody of the minors may also be handed over to the petitioner. Any other relief which this Honorable Court deems fit and proper may also be awarded.
PETITIONER

Through

Muhammad Kamran Siddiquei Advocate High Court 4-Queens Road 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

Verification
Verified on oath at Lahore on this __ day of ______ 2011 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form

PETITIONER

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Muhammad Shafique Vs

Aqsa Shafique

(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE CUSTODY OF THE MINORs
Respectfully Sheweth:1. That the petitioner has filed the above titled petition in this Honourable Court in which no date of hearing has been fixed so far. 2. That the contents of the petition under section 25 Guardian and Ward Act be read as part of this petition. 3. That the case of the petitioner is prima facie and arguable as the minor are in the custody of the respondent. 4. That it is in the welfare of the minor, if there temporary custody may be entrusted to the petitioner, who is the real father and can properly educate and better living to the minors.

Prayer
Under the above mentioned circumstances, it is most respectfully prayed that the order of custody may very kindly be passed in favour of the petitioner.

PETITIONER Through

COUNCIL

ASGHAR MAHMOOD CHAUDHARY Advocate High Court

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Muhammad Shafique Vs

Aqsa Shafique

(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs

AFFIDAVIT OF

Muhammad Shafique S/o M. Suleman R/o House No. 35 Street No. 18 Sadat Park, Sahowari Mughalpura, Lahore do hereby solemnly affim and declare as under:-

I the above named deponent do hereby solemnly affirm and declare on oath are that the contents of the accompanied application are true and correct to beast of my knowledge and belief and nothing has been concealed therein.

Deponent Verification
Verified on oath at Lahore on this __ day of ________ 2009 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form.

Deponent