IN THE COURT OF
IST CIVIL/FAMILY JUDGE DADU
Guardian and Wards Application No. of 2016
Shamasuddin S/O Ahmed Khan
By caste Birhmani, muslim,
adult
R/o Village Shahdabad Khan
Birhmani Sucharo Taluka
& District Dadu……………...…Applicant.
V E R S U S
Mst. Sadori D/O Haji Khan
Birhmani by caste Muslim,
adult
R/o Village Shahdabad Khan
Birhmani Sucharo Taluka
& District Dadu……………..…Opponent.
APPLICATION U/S 7,10,12 and 25
OF GUARDIAN AND WARDS ACT.
The above named applicant most humbly
begs to submit as under:-
1.
That the applicant was
married with the opponent in the year 1998 back.
2.
That out of this wedlock,
the opponent has given birth to three sons namely Asif , Ahmed & Bilawal who are now aged about 17,11 & 4 years respectively .
3.
That the marriage of the
couple lasted 15 years then the differences between the couple began to develop
which could not be bridged .
4.
That the opponent in January 2013 left the house of
the applicant taking with her two sons Asif & Ahmed Khan and started living
in her parents house since then .both
Asif & Ahmed Khan are under care and custody of the opponent .while the
minor Bilawal is under care and custody of the applicant and is studying in
foundation public school Dadu in nursery class.
5.
That the applicant tried his
level best to soothe the opponent but all his efforts ended fruit less .
6.
That the applicant having
exhausted all the efforts of patch up, divorced the opponent on 6.8.2013. (Copy
of the divorce deed is attached here with .)
7.
That the opponent filed a
suit for maintenance in this Honourable Court for maintenance expenses for Asif
Ali & Ahmed Khan which was Decreed vide Judgment decree dated .
8.
That since then the applicant
has been paying maintenance by depositing the maintenance amount in this
Honourable Court each and every month.
9.
That the opponent filed
application U/S 491 Crpc in the court of Honourable District & Sessions
Judge Dadu . for custody of minor Bilawal but on the date of hearing she did not appear in
the court hence her application was dismissed .( copy and order there on enclosed).
10. That the opponent does not have good
atmosphere in her parents house conducive the wards Asif and Ahmed Khan as they
have indulged in the company of criminals and intoxicators and there are strong
possibilities that their lives shall be spoiled .
11. That the
applicant is serving as Police constable in Police Department and is drawing handsome
salary as well as he belongs to well off family.
12. That the
applicant is natural guardian of Asif & Ahmed being their real father and loves them and has
realization of financially establishing them and getting them married and the applicant is proper person to be appointed as guardian
of the person of Asif ,Ahmed Khan & Bilawal and on the other hand the life,
prosperity, well being and bright future of the minor is impossible in custody
of the opponent.
13. That the interests
of the applicant are not adverse to the interests of wards Asif ,Ahmed Khan
& Bilawal being their real father and natural guardian.
14. That the
opponent does not allow Asif and Ahmed Khan to meet their father the applicant
.hence this application.
15. That the fixed
court fee stamps worth Rs.15 are affixed on memo of the application.
16. That the
applicant now prays as under .
Prayer
a). That this Honourable court may kindly be pleased to appoint and
declare the applicant as guardian of his three sons namely Asif, Ahmed Khan
& Bilawal on the grounds set forth in this application. Any other relief
deemed fit and proper may be granted in favor of the applicant .
b). That the prayer is made in the interest of justice.
Dadu.
Dated. Applicant
Advocate for Applicant
VERIFICATION.
I, Shamasuddin S/O Ahmed Khan
By caste Birhmani, muslim, adult
R/o Village Shahdabad Khan
Birhmani Sucharo Taluka & District Dadu, do hereby state on oath that whatever stated above
is true and correct to the best of my knowledge and belief.
Verified on
this Day of February 2016 at
Dadu.
Deponent
I know the deponent
Advocate Dadu.
On S.A before
me. The deponent admits the contents of application to be true and correct and
put his signature in my presence. The deponent is identified by Mr.Abdul Hakeem
Leghari Advocate, who is known to me personally.
Commissioner for taking affidavits
DOCUMENTS FILED.
1.
Photostat copy of divorce
deed .
2.
Photostat copy of application
U/s 491 Crpc, filed by the opponent before honorable District and Sessions
Judge Dadu and order passed thereon.
Advocate
For the applicant
IN THE COURT OF IST CIVIL/FAMILY
JUDGE DADU
Guardian and Wards Application
No. of 2016
Shamsuddin …………………………….………………...…Applicant.
V E R S U S
Mst. Sadori.…………………………………………………..…Opponent.
APPLICATION U/S 12 OF GUARDIAN AND WARDS ACT.
It is humbly prayed on behalf of the applicant that
this honorable court may kindly be pleased direct the opponent to produce the
minors before this honorable court and to handover interim custody of the minors
namely Asif & Ahmed Khan to the applicant
on consideration of facts and grounds set forth in the accompanying affidavit.
Dadu
Dated: Advocate
For the
applicant
IN THE COURT OF
IST CIVIL/FAMILY JUDGE DADU
Guardian and Wards Application
No. of 2016
Shamsuddin ………………………….…………………...…Applicant.
V E R S U S
Mst.Sadori.…………………………………………………….…Opponent.
AFFIDAVIT
I, Shamasuddin S/O Ahmed Khan By caste Birhmani,
muslim, adult
R/o Village Shahdabad Khan
Birhmani Sucharo Taluka & District Dadu, do hereby state on oath as under :-
1.
That I am applicant in this application
suit and am well conversant with facts of this case.
2.
That the accompanying application
U/S 12 of Guardian and Wards Act has been filed by my counsel under my
instructions and contents thereof may be treated as part and parcel of this
affidavit.
3.
That the contents of main
application U/s 10 and 25 of Guardian and Wards Act may also be considered as
integral part of this affidavit for the sake of brevity.
4.
That the opponent is not
allowing me to meet with my minor sons namely Asif & Ahmed Khan for some
ulterior motives.
5.
That I shall suffer
irreparable loss if the application is not granted.
6.
That whatever is stated
above is true and correct to the best of my knowledge and belief.
Dadu.
Dated.
Deponent
I know the deponent
Advocate Dadu
On S.A before
me. The deponent is identified by Mr.Abdul Hakeem Leghari Advocate, who is
known to me personally.
Commissioner for taking affidavits
IN THE COURT
OF IST CIVIL/FAMILY
JUDGE DADU
Guardian and Wards Application
No. of 2016
Shamsuddin
…………………………….………………...…Applicant.
V E R S U S
Mst. Sadori.…………………………………………………..…Opponent.
DETAIL OF WARDS
|
S.No
|
Name
|
Relation
with applicant
|
Age
|
Minor/Major
|
Gender
|
Married
/Unmarried
|
|
1
|
Asif
Ali
|
Son
|
17
|
Minor
|
Male
|
Unmarried
|
|
2
|
Ahmed
Khan
|
Son
|
11
|
Minor
|
Male
|
Unmarried
|
|
3
|
Bilawal
|
Son
|
04
|
Minor
|
Male
|
Unmarried
|
Applicant
Advocate for
Applicant
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