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 with …………………on 15-07-2007 according
to Christian Law.
2. That Out of the said wedlock two
children were born namely (1) ………………….on 19.08.2010, (2) ………………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 the applicant is presently doing
job in …………………………….as permanent Employee.
7. 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.
8. That No application has been moved
prior to this application in respect of the appointment of guardian in respect
of the minors.
9. 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
10.
That
the cause of action accrued to the applicant when the minors was born namely
(1) ………………..on 19.08.2010, (2) ………………….on 10.07.2011respectively. 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.
11.
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……………………. 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
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