It most respectfully submitted on
behalf of the applicant abovenamed as under:-
1.
That the applicant married with the respondent at
Karachi on ________, according to Muslim Family Law on consideration of dower
amount of Rs. ___________, which is still unpaid. Photo copy of Nikahnama is
annexed herewith as Annexure “A”.
2.
That out of this wedlock a issue namely __________ was
born who is presently residing with the applicant at abovementioned address. Photo
copy of Nikahnama is annexed herewith as Annexure “B”.
3.
That the respondent has dual citizenship of Pakistan
and U.S.A, and he is used to quarrel, misbehave, insult and abuse the applicant
on petty domestic matter and baseless issues.
4.
That the respondent became very aggrieved at the birth
of female minor and refused to maintain her bear delivery expenses.
5.
That the respondent visited Karachi but met with the
minor only twice.
6.
That on ________, before departure to U.S, the respondent
told the applicant that he is going to U.S Embassy to apply for the visa for
both i.e. the applicant and the minor but did not so.
7.
That the applicant is well educated lady, she belongs
to respectable family, and the minor is under the care and custody of the
applicant, studying properly in a reputable school of Karachi, closely attached
to the applicant who is affectionately looking after her.
8.
That the
respondent proved himself to be tyrant husband and callous father. He has no
love and affection towards his wife and daughter and never cared about the
daughter’s education and completely failed/neglected to maintain his wife and
daughter.
9.
That no guardian of the said minor has been appointed
by any person entitled or claiming to be entitled by law, hence by virtue of
the above application the applicant applying for appointment/declaration of
guardian of the said minor which will include sole responsibility to take all
decision for the welfare of the child including the right to live wherever
desired.
10.
That the
applicant is real mother of the said minor namely ______, and being a real
mother is natural guardian bestowed by Al-Mighty Allah and is fit person to be
appointed as guardian of the said minor, and is a fit person to be appointed as
guardian of the said minor.
11.
That cause of
action arose for filling of this application is that the custody of the minor
will remain with the applicant without dispute and problem to move in any part
of our country or even in U.S. in search of the respondent. Moreover besides
Pakistani Nationality. The respondent has American nationality, also and being
his daughter the minor also has a vested right to have the same. So the
applicant is solely responsible about all sort of decision for the welfare of the minor.
12.
That the
applicant and minor are residing within the territorial limits of P.S. _______,
which is within the jurisdiction of this Hon’ble Court.
PRAYER
It is,
therefore, prayed that this Hon’ble Court may be pleased to pass the judgment
and decree as under:-
a.)
To appoint/declare the applicant as sole guardian of
the minor namely _____, which will include having her custody, responsibility
to take all sorts of decision for the welfare of the child including health,
education and right to live wherever desired.
b.)
To grant any other relief that this Hon’ble Court may
deem fit and proper under the circumstances of the case.
Karachi.
Dated:
APPLICANT
SM ZUBAIR
Advocate
for the Applicant
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