Application U/S. 25 of Guardian & Ward Act 1890

IN THE  COURT  OF  Xth. G & W  JUDGE  KARACHI  WEST

G & W Appl. No. 1381 /11.

                                                                                   

Syed AZHAR Ahmed

S/o. Syed Nazar Ahmed,

Muslim, adult, R/o. House No. 12/22,

Vilayatabad, Manghopir road,

Karachi.                                 …………………………       APPLICANT

VERSUS

Mst. Farheen

D/o. Abdul Hameed Khan,

C/o. Muhammad Tariq (Brother of Respodent),

Muslim, adult, R/o. House No. 556-557,

Sector 8-L, Oragi Town,

Karachi.                        …………..…………………         RESPONDENT

Syed Muhammad Azeen Ahmed

Residing with the Respondent

at given above address.                  ……………………         WARD

APPLICATION U/S 25 OF GUARDIAN & WARD ACT 1890

The applicant, above named, respectfully submits as under:

1.    That the applicant was married with respondent on 8th September 2003, and rukhsati taken place on same date. (Copy of Nikahnama is attached herewith as annexure “A”).

2.    That after marriage one issue was born namely Syed Muhammad Azeen Ahmed mentioned above. (Copy of Birth Certificate is attached herewith as annexure “B”).

3.    That   on 23 rd. February 2009, Master Syed Muhammad Azeen Ahmed born and after ½ hour the brother of the respondent handed over the ward to the applicant and said that the respondent leave the hospital and direct went to her parent’s house and from that time no contact were between the respondent and the applicant.

4.    That on 10th March2011, both the parties decided to leave each other and the applicant divorced to the respondent on 26th March 2011, and a Divorced Deed draft by the applicant and sent to the respondent parents house which was received by the respondent. (Copy of Divorced Deed is attached herewith as annexure “C”).

5.    That from that time the ward was in the care and custody of the applicant and respondent never asked and neither came to the applicant’s house to see the ward.

6.    That presently the custody of the ward is in the possession of the respondent and the applicant has serious apprehension that the respondent will be make any harm to the ward, because the respondent is very careless psycho patient who always hate the children and keep herself on distance with the children and its not possible that the ward will be happy with the respondent.

7.    That the welfare of the said minor demand that they should be given in the custody of the applicant, who is the legal rights the custody of the minor should be given to the applicant to give love and affection and so that the said minor may get proper education and living according to the high standard. On the other hand the respondent who has no proper means and living at the mercy of her brothers, who are also not properly and financially in a position to give such standard of welfare, well-being, up-bringing and better life as the better footing of the applicant.

8.    That the conduct and attitude of the respondent’s relations towards the said minor is inhuman and unhygienic and the same is harmful for the lives, mental brought-up and welfare of the said minor.

9.    That the environment and circumstances of the applicant is much better and proper than of the respondent is definitely in a better condition to decide about the welfare and needs the children so as fulfill the same and to give love and affection which they are not getting at present at the house of the respondent’s brother. Hence it is in the best interest of the minor that the custody may be granted to the applicant who will be very healthy for the welfare and well-being of the minor.

10. That the applicant has filed application for Guardianship to become a legal guardian of the ward.

11. That cause of action arose on firstly when the ward was born and secondly when the respondent’s brother handed over the custody to the applicant and thirdly when the respondent take the custody of the ward from the court, the cause of action is still continued day by day till the finalization of this application.

12. That the ward is living on the above mentioned address which is in territorial jurisdiction of P.S. ORANGI TOWN which is jurisdiction of this Hon’ble Court.

13. That proper court fee has been affixed with the plaint.

PRAYER

          It is therefore prayed that this Hon’ble court may be pleased to pass an order in favoure of the applicant as under:-

a)    To direct the respondent to handover the custody of the minor to the applicant permanently.

b)    To declare that the applicant is the legal and natural guardian of the minor and he is entitled for the custody of the said minor for the better welfare of the minor and applicant will look after of the minor without interruption and intervention.   

c)    Costs of the application.

d)    Any other relief or relives which this Hon'ble Court deems fit and proper may be awarded.

Karachi.

Dated:      .03.2012.

APPLICANT

(S M ZUBAIR)

ADVOCATE for the APPLICANT

VERIFICATION

                    I, Syed AZHAR Ahmed S/o. Syed Nazar Ahmed, Muslim, adult, R/o. House No. 12/22, Vilayatabad, Manghopir road, Karachi, do hereby verify and state on oath that whatever stated above is true correct to the best my knowledge and belief.

Karachi.    

Dated: ------/03/12.                                                               

                                                                                                    Deponent/Applicant

The deponent identified by me

                                                                               

S.M.  ZUBAIR

(ADVOCATE)

 Solemnly affirmed on oath before me at Karachi on this __ th day of _______ 2011, by the deponent abovenamed who is identified by Mr. S M ZUBAIR, Advocate whom I know personally.

                                          The contents of the Plaint have been read over and explained to the Deponent in Urdu too and she seems to be understood the same and set his/her signature/thumb impression.

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