IN THE COURT OF CIVIL AND FAMILY JUDGE AT KARACHI
(SOUTH)
GUARDIAN & WARD APP. NO /20
APPLICATION UNDER SECTION 7 & 10 OF GUARDIAN AND WARDS ACT
The applicant
above named most respectfully submits as under;
1. That the applicant married
……………………………..on 15-07-2007 according to Christian Law.
2. That Out of the said wedlock two
children were born namely (1)……………………on 10.07.2011 respectively.
3. That respondent No.1 contracted
second marriage and living with second wife. It is submitted that on 27.09.2019
Respondent No.1 sent Divorce notice to union council and try to reconciliation
but same was failed on 26-12-2019 as such it was not possible for them to live
together as husband and wife within the limits prescribed by God. Therefore, on
31.12.2019 union Council issued Divorce Registration Certificate to the
applicant, that the custody of the children would remain since birth with the
applicant and since then the minors are in her custody. All educational
expenses as well as other expenses were bear by the applicant no any single
penny were give by respondent to applicant in the account of minors expenses.
4. That now the applicant intends to obtain the
guardianship certificate for the purpose of welfare of the minors in term of
health, education, visiting to abroad etc. When the applicant applied for visiting
visa, the authority demand Guardianship
Certificate from the Court of law.
5. That the minors children are in
custody of her mother i-e the applicant. It is submitted that no property is in
the name of the minors.
6. That
now the applicant intends to visit Christian catholic places of worship
in abroad and she wants to take her
children with her for purpose of pilgrimage.
7. That No application has been moved
prior to this application in respect of the appointment of guardian in respect
of the minors.
8. That the there is no laches on part
of applicant in moving the said application. It is pertinent to state that the
this Hon’ble court has the jurisdiction to appoint the guardian of the minors
which is in the welfare of the minor.
All the
relevant documents are filed herewith as Annexure P/1 to P/7
9. That the cause of action accrued to
the applicant when the minors was born ………………………….07.2011respectively. It again
arose when Respondent sent Divorce notice on 27.09.2019 through union council
and union council try to reconciliation but same was failed on 26-12-2019 and
divorce confirmed, It again arose when applied
for the visiting Visa to intends to visit Christian catholic places of worship
in abroad and she wants to take her
children with her for purpose of pilgrimage and authority demand and asked to obtain Guardianship Certificate
of the minors. The cause of action is continuing one.
10. That this Hon’ble Court has
jurisdiction to proceed with the matter as the Applicant resides within the
local limits of P.S Mehmoodabad.
PRAYER
The applicant
humbly prays that this Hon’ble court may please to;
a) Appoint the applicant………………..as guardian of her minor daughters………………………...
b) Declare that applicant as guardian for
the welfare of the children including health, education and right to live
wherever desired of the minor children ……………………..lies with the custody and
guardianship of the applicant/petitioner and also entitled to apply for
Visiting Visa for abroad.
c) Any other relief which this Hon’ble Court
deems fit and proper.
Karachi.
Dated: 10.2020 APPLICANT
ADVOCATE FOR THE APPLICANT
VERIFICATION
I, ………………………, adult, r/o Karachi, do
hereby state and verify on oath that whatever is stated above is true and
correct to the best of my knowledge and belief.
DEPONENT
The
deponent is identified by me.
ADVOCATE
Stated on oath before me this day of 2020.The deponent is identified by
Mr. Ghulam Abbas, Advocate, who is personally known to me.
COMMISSIONER
FOR TAKING AFFIDAVITS
Documents filed;
Documents
relief upon; Originals of the above and other relevant
Documents.
Address
of the Applicant As in
the title:
Address
of the Advocate
Applicant
IN THE COURT OF CIVIL AND FAMILY JUDGE AT KARACHI (S)
GUARDIAN & WARD APP. NO /2020
Alishbah …………………………………….Applicant
V/S
Jawed Maseed & ors ……………………………………Respondent
AFFIDAVIT
OF WITNESS
I,
…………………………….., Christian adult, r/o Karachi, do hereby state on oath as under:-
1.
That
I am witness /deponent in the above matter and am fully conversant with the facts of the case.
2.
That
I am uncle of ………………….and I know her and her family for the Several years.
3.
That
the marriage of the Applicant was held on 15-04-2007 and out of the said
wedlock on 19.08.2010 namely Nameesha Jawed
and on 10.07.2011 Areesha Jawed was born.
4.
That
the minors children namely Nameesha Jawed
and Areesha Jawed are in custody
of her mother i-e the applicant.
5.
That
the applicant intends to obtain Guardianship Certificate for the purpose of
welfare of the minor in terms of education, health , Visiting Visa for abroad for
purpose of pilgrimage etc. and when she applied for Visa with minors the authority
was refused and asked to obtain Guardianship Certificate from the Court of law.
6.
That
whatever stated above is true and correct to the best of my knowledge and
belief.
Karachi.
Dated: 10.2020 DEPONENT
The
deponent is identified by me.
COMMISSIONER FOR TAKING AFFIDAVITS
IN
THE COURT OF CIVIL AND FAMILY JUDGE AT KARACHI (S)
GUARDIAN & WARD APP. NO /2020
Alishbah …………………………………….Applicant
V/S
Jawed Maseeh & ors……………………………………Respondent
AFFIDAVIT
OF WITNESS
I,
Rashid Bhati s/o Raseed Bhati, Christian, adult, r/o Karachi, do hereby state
on oath as under:-
1. That I am witness /deponent in the
above matter and am fully conversant
with the facts of the case.
2. That I am Uncle of …………………and I know her and her family for
the last several.
- That the marriage of the
Applicant was held on 15-04-2007 and out of the said wedlock on 19.08.2010
namely ………………..
- That the minors children namely
Nameesha Jawed and Areesha Jawed are in custody of her
mother i-e the applicant.
5. That the applicant intends to obtain
Guardianship Certificate for the purpose of welfare of the minor in terms of
education, health , Visiting Visa for abroad purpose of pilgrimage etc. and
when she applied for Visa with minors the authority was refused and asked to
obtain Guardianship Certificate from the Court of law.
6. That whatever stated above is true
and correct to the best of my knowledge and belief.
Karachi.
Dated: 10.2020 DEPONENT
The
deponent is identified by me.
COMMISSIONER FOR
TAKING AFFIDAVITS
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