IN THE COURT OF GUARDIAN JUDGE, LAHORE

Ashraf Masih S/o Rehmat Masih R/o House No. 530-H Farooqia Colony Jahanzib Block Allama Iqbal Town, Lahore.

PETITIONER Vs Nazia W/o Ashraf Masih R/o House No. 30 Najaf Colony Bhekewall, Lahore.

RESPONDENT

APPLICATION UNDER SECTION 25 OF GUARDIAN AND WARDS ACT 1890

The petitioner submits as under: 1. That the petitioner was married with the respondent on 15.04.2005 according to Christian. Photocopy of Marriage Deed is appended herewith for kind perusal of the Honorable Court as Annexure A 2. That out of the wedlock two children were born namely Momi Aiman born dated 10.02.2006 and know approximately more then 2 year of age Faizan Ashfir born on dated 12.09.07 approximately more then 1 year of age respectively, who are in the custody of the respondent. 3. That the respondent lived with the petitioner legal wedded wife of plaintiff in the beginning of our wedded life defendant has relations with some ill reputed persons, when ever the petitioner tried to stop her to keep away from those person the respondent always create a situation of quarrel and it become a routine when ever any one of my family member request her to leave, that kind of bad company she always left the house of petitioner and went back to her parents house lastly in the month of November 2007 the Respondent left the house of petitioner from then she is still living with her parents without having any sence that the childrens best way to live is that they live with love and affection of both the parents.

4. That in the month of March 2008 petitioner filed a suit for Restitution of conjugal rights which is still pending for adjudication in the Court Akram Nawab Sindhu, in re Ashraf Masih Vs Mst. Nazia there the Respondent refused to join the petitioner as his wife through her statement. 5. That it is quite dangerous for the welfare of minors if they left under the hands of the Respondent because the respondent have connection with ill reputed vagabond persons which could destroy the future of minors. 6. That the respondent have no any earning hand by reasonable sources and all the time the respondent is out of touch with her minor childrens, and she had no time to care and to look after the minors, and the environment of the locality as well as the atmosphere of the house of respondent is improper, immoral and against the welfare of the minors. The petitioner and his family tried there best to make her understand that both Husband and Wife are the necessary wheels to move the car of life and better grownup of minors but in vain. 7. That the petitioner is living in a joint family at above said address and have a better financial and social position in his locality, the character building is at the better position if the minors are handed over to the petitioner. 8. That the petitioner is entitled to get the custody of the minors on the following amongst other.

GROUNDS
i) That it is in the interest of minors that they should handed over under the supervision of their father and should gain love and affection from him. There is no reason that this should be denied to them. That the parents of the respondent often gave severe beating to the minor children without any reason, so due to harsh attitude of respondents family the minors are absolutely depressed they are living in very miserable condition. That atmosphere of respondents house is not peaceful instead very painful which seriously effected the personality of the minors. That the respondent not properly cared the minor and left the minor on the mercy of her parents who will not cared the minors. That the minor are absolutely ignored in the house of respondent and the minors are mentally depressed and

ii)

iii)

iv)

v)

personality of the minor is badly damaging the minors are in this age. vi) That some other things will be presented before the Honorable Court at time of evidence and arguments.

9. That the respondent, inspite of the frequent requests of the petitioner for the custody and meeting of the minors but the respondent refused to handover the custody of the minors and she kept the child away from his father and the respondent also refused to allow the petitioner to meet the minor, hence the present petition. 10.That the cause of action accrued in favour of the petitioner against the respondent firstly when the respondent without the permission of the petitioner took the minors almost in the month of November 2007 and lastly a week ago when the respondent refuse to handover the custody of minors to petitioner which is still continues. 11.That the parties to the suit are residing at Lahore, so this Honorable Court has got jurisdiction to adjudicate upon the matter. 12.That the proper Court fee is affixed on the plaint.

Prayer
It is therefore respectfully prayed that the respondent is directed to handover the custody of the minors to the petitioner and during the pendency of the petition he being a natural guardian of the children, be allowed to meet with the minors and interim custody of the minors may also be handed over to the petitioner. Any other relief which this Honorable Court deems fit and proper may also be awarded.
PETITIONER

Through
Muhammad Kamran Siddiquei Advocate High Court Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

Verification
Verified on oath at Lahore on this __ day of September 2008 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form

PETITIONER

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Ashraf Masih Vs

Nazia

(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs
Respectfully Sheweth:1. That the petitioner has filed the above titled petition in this Honourable Court in which no date of hearing has been fixed so far. 2. That the contents of the petition under section 25 Guardian and Ward Act be read as part of this petition. 3. That the case of the petitioner is prima facie and arguable as the minor is in the custody of the respondent. 4. That it is in the welfare of the minor, if there temporary custody may be entrusted to the petitioner, who is the real father and can properly educate and better living to the minor. 5. That the respondent has also refused to allow the petitioner to see the minors and petitioner want to see his minors to whom the petitioner has not met for last about more than a years.

Prayer
Under the above mentioned circumstances, it is most respectfully prayed that the order of temporary custody may very kindly be passed in favour of the petitioner. It is also prayed that the respondent may be directed to produce the minors in the Court and petitioner be allowed to see and meet his minors which is in the interest of justice.

PETITIONER Through

COUNCIL MUHAMMAD KAMRAN SADDIQUIE ADV

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Ashraf Masih Vs

Nazia

(PETITION UNDER SECTION 12 OF THE GUARDIAN AND WARD ACT)

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE INTERM CUSTODY OF THE MINORs

AFFIDAVIT OF

Ashraf Masih S/o Rehmat Masih R/o House No. 530-H Farooqia Colony Jahanzib Block Allama Iqbal Town, Lahore do hereby solemnly affim and declare as under:-

I the above named deponent do hereby solemnly affirm and declare on oath are that the contents of the accompanied application are true and correct to beast of my knowledge and belief and nothing has been concealed therein.

Deponent Verification
Verified on oath at Lahore on this __ day of September 2008 that the contents of the above affidavit are correct and true to the best of my knowledge and nothing has been concealed there form.

Deponent