Format of Application U/S 25 of Guardian And Wards Act 1890

Application u/s 25 of Guardian and Wards Act 1890

Usually, application u/s 25 of guardian and wards act 1890 is filled for the appointment of guardian when marriage between husband and wife comes to an end means divorce. Or the wife leaves the house of her husband vice-virsa with her children without the permission of her husband.

Application u/s 25 of guardian and wards act 1890 is useful to appoint guardian on the minor when he owns a property but due to his age cannot handle it properly. If the minor do not have his parents than the relatives from father or mother side can also apply to the court for the appointment of guardianship

All Proceedings relating to appointment of Guardian should be made under the provisions of Guardian and Wards Act 1890. The Court while exercising the jurisdiction for the appointment of guardian under application u/s 25 of guardian and wards act 1890  must make sure that application should be made where the minor ordinarily resides.

When Application Under Section 25 Of Guardian And Wards Act 1890 Is Filled

Section 25 of Guardian and wards act is invoked when custody of minor from his rightful guardian is removed. In that case the court has the power to restore the custody of minor or arrest the minor if he willfully leaves the custody of guardian.

Along with the application u/s 25 of guardian and wards act 1890 the application under section 12 of guardian and wards act 1890 is also moved to get an interlocutory order from court.

When it is anticipated that the minor will be moved from one place to another or in another country. The applicant can also file this application for custody of child of stay to not to move minor prior permission of the court. Below is a guardian original petition format. The format of guardianship petition is used to get custody of child under guardian and wards act.

How To Get Guardianship Certificate In Pakistan

The mother or father whomever has the custody of minor child can get guardianship certificate in Pakistan. He just have to file a suit for guardianship certificate in guardian court which is usually senior judge. After filing of suit the court will order add in renowned newspaper. On the next date you have to submit newspaper add in court and if no one appears from opposite side. The court will record evidence. For evidence you should take along one relative or friend as witness. After the court records the evidence it will issue guardianship certificate to you.

What Documents Are Needed To Get Guardianship Certificate

Following are must documents while filing suit of guardianship.

Format Of Application U/S 25 Of Guardian And Wards Act 1890

In this application for custody of child format, the father has filled application for the appointment of guardian. This is also a format of application for custody of minor child. Along with it Format of application under section 12 of guardian and wards act is also provided to get interim custody of child.

IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.

ABC son of DEF resident of _________, Rawalpindi.

…Petitioner

Versus

  1. ABC daughter of DEF resident of ________  Islamabad.
  2. ABC son of DEF r/o ____________ Islamabad.

…Respondents

APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.

Respectfully Sheweth,

  1. That the petitioner was married with the respondent No. 1 on 24-04-2008 in accordance with the Muslim Rites and after marriage, the respondent No. 1 started living with the petitioner as wife at his house.
  2. That the petitioner is a bank officer and having good reputation in his organization and belongs to a well educated and civilized family.
  3. That in the beginning the relationship between the petitioner and respondent No. 1 remained cordial and the petitioner always treated with the respondent No. 1 with love and affection and provided all type of life necessities to her. The petitioner was anxious to keep the wedlock intact and afforded all types of facilities to respondent No. 1.
  4. That the petitioner contacted the marriage with the respondent No. 1 in accordance with the Shariat Muhammadi and always wanted to live his life according to the teaching of Islam. In this regard, the petitioner time and again requested the respondent No. 1 to live her life as the Islam Teaches and Preaches.
  5. That after the marriage, the respondent No. 1 proved herself as an undaunted lady, selfish, wayward/ arrogant and a woman of willfulness, however, the petitioner tried his level best for the betterment and in this regard, left no stone unturned but in return, not even a single step is taken by the respondent No. 1 for the betterment of the situation. The respondent No. 1 intentionally by her conduct and behavior made the life of the petitioner miserable, however, the petitioner bothered all this for the sake of marital abode, for the honour of his family and also for the honour of the family of the respondent No. 1 but it was the respondent No. 1, who always proved herself as NASHIZA from her conduct and behavior and ultimately she without any cogent reason left the house of the petitioner on 14-09-2008 and also took away the gold ornaments which were given to the respondent No. 1 by the petitioner. It is important to submit here that at that time, the respondent No. 1 was pregnant.
  6. That thereafter, the petitioner tried his level best for the ABADI but due to the stubborn attitude of the petitioner and her family, in vain.
  7. That the petitioner also filed a suit for restitution of conjugal rights in the Court of Judge Family Court, Rawalpindi, which is pending adjudication before the Court of Mr. ____, the Learned Judge Family Court, Rawalpindi and next date of hearing is 07-05-2009.
  8. That during the period of GHAIR ABADI, the minor son / respondent No. 2 was born, who is presently in the custody of the respondent No. 1.
  9. That the petitioner number of time tried to meet with the minor who is in the custody of the respondent No. 1 but due to the stubbornness and inflexible attitude of the family of the respondent No. 1, in vain.
  10. That the petitioner being a father is lurking to embrace his minor and for that purpose, the petitioner alongwith his father, sister Hira Asad on 29-03-2009 at about 2 pm went to the house of the respondent No. 1 but the respondent No. 1, her brother and other family members extended threats of dire consequences to the petitioner and other family members and refused to even allow the petitioner to see the minor. The respondent No. 1 and her other family members also used very filthy, abusive, ridiculous and a language of defamation in nature with the petitioner and other family members.
  11. That it also came into the knowledge of the petitioner that the respondent No. 1 while making collusion with her other family members intending to left the country for abroad UK and for this purpose, the respondent No. 1 while changing the name of respondent No. 2 made passport and now then applying for visa for UK with the respondent No. 2.
  12. That the respondent No. 1 and her other family members also extended threats of dire consequences to the petitioner and other family members on telephone and they also extending threats that they will left the country and the petitioner can never even see only an eye to his son / respondent No. 2.
  13. That the petitioner is entitled for the custody of the minors inter-alia on the following grounds:

GROUNDS

1. That the respondent is jobless and source-less lady and she do not have any independent source of income, so it is not possible for her to maintain and brought up the minor in the prevailing financial circumstances.

2. That the respondent NO. 1 is a lady of extreme emotions and some time she behaved like a psycho patient.

3. That the behavior of respondent’s family is disgusting with minor.

4. That the respondent is living with family and parents in a house, where they are dwelling and in that atmosphere the health of the minor is depreciated.

5. That since the respondent No. 1 has left the house of the petitioner, the petitioner number of time got the news of illness of the minor due to negligence of the respondent No. 1.

6. That the environment of the house of the respondent is full of suffocation and the petitioner is apprehending that the personality of the minor will be damaged from the environment existing in the house of the respondent No. 1.

7. That the father of the minor is in a position to well maintain him.

8. That father of the minor is in a position to give all the basic necessities of life to the minor.

9. That it is in the paramount interest of the minor that his custody be handed over to the petitioner. In short the welfare of the minor lies with the petitioner.

10. That the cause of action accrued a few days earlier, when the respondent’s family refused to allow the petitioner to meet his son and is still continuing.

11. That the respondents are residing within the territorial limits of this Honourable Court, hence this Honourable Court has jurisdiction to entertain and adjudicate upon the matter.

12. That the prescribed court fee shall be affixed on the petition.

PRAYER

It is, therefore, respectfully prayed that the custody of the minor respondent No. 2 may graciously be handed over to the petitioners in the interest of justice. And application u/s 25 of guardian and wards act 1890 may kindly be accepted.

It is further prayed that during the pendency of instant petition, the interim custody of the minor may graciously be handed over to the petitioner.

Petitioner

Through

Counsel(s)

Advocate High Court

VERIFICATION

Verified on Oath at Islamabad on this    day of Apr 2009, that the contents of the above paras are true and correct to the best of our knowledge and belief.

                                                                                                                                                                Petitioner

IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.

Shah Rukh Asad                                          …Petitioner

Versus

Mst. Sana Afzal Malik etc                            …Respondents

APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.

APPLICATION UNDER SECTION 12 OF GUARDIAN AND WARDS ACT

Respectfully Sheweth,

1, That the petitioner filed the above captioned petition before this Honorable Court, the contents of the same may be read as an integral part of this application.

2. That the petitioner has a strong prime facie case and hopes to succeed in it.

3. That the balance of convenience also lies in favor of the petitioner because he is real father of the minor.

4. That if the interim relief is not granted to the petitioner, the petitioner would have to suffer an irreparable loss.

PRAYER

It is therefore, respectfully prayed that the instant application u/s 25 of guardian and wards act 1890 may be accepted and the interim custody of the minor may kindly be handed over to the petitioner, till the final decision of the main petition.

It is further prayed that till the decision of the application for interim custody the petitioner may kindly be allowed to meet the minor with the proper arrangement in a week.

Petitioner

Through

Counsel(s)

Advocate High Court,

IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.

Shah Rukh Asad                                          …Petitioner

Versus

Mst. Sana Afzal Malik etc                            …Respondents

APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.

APPLICATION UNDER SECTION 12 OF GUARDIAN AND WARDS ACT

AFFIDAVIT

That I, SRA son of AMH resident of _________ Rawalpindi do hereby solemnly declare as under.

That the deponent has filed above titled application u/s 25 of Guardian and Wards act 1890 before this Honorable Court the contents of the same are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verification

Verified on Oath that the above deposition is true and correct to the best of my knowledge and belief and nothing has been concealed therein

Deponent

IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.

Shah Rukh Asad                                          …Petitioner

Versus

Mst. Sana Afzal Malik etc                            …Respondents

APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.

APPLICATION FOR THE GRANT OF STAY.

Respectfully Sheweth,

  1. That the petitioner filed the above captioned petition before this Honourable Court, the contents of the same may be read as an integral part of this application.
  2. That the petitioner has a strong prime facie case and hopes to succeed in it.
  3. That the balance of convenience also lies in favour of the petitioner because he is real father of the minor.
  4. That the respondent No. 1 while making collusion with her other family members intending to left the country for abroad UK and for this purpose, the respondent No. 1 while changing the name of respondent No. 2 made passport and then applying for visa for UK with the respondent No. 2. Moreover, the respondent No. 1 and her other family members also extended threats that they will left the country and the petitioner can never even see only an eye to his son / respondent No. 2 and in case the respondent NO. 1 succeeded in her nefarious designs, the petitioner shall suffer irreparable loss.

PRAYER

In view of above, it is most humbly prayed that instant petition may please be accepted. The respondent No. 1 may kindly be restrained from changing their residence along with the minor from District Islamabad to any other District, country without prior permission of this Honorable Court, till the final disposal of the main application u/s 25 of guardian and wards act 1890, in the interest of justice.

Petitioner

Through

Counsel(s)

Advocate High Court

IN THE COURT OF GUARDIAN JUDGE, SENIOR CIVIL JUDGE, ISLAMABAD.

Shah Rukh Asad                                          …Petitioner

Versus

Mst. Sana Afzal Malik etc                            …Respondents

APPLICATION U/S 25 OF GUARDIAN AND WARDS ACT FOR THE CUSTODY OF MINOR/ RESPONDENT NO. 2.

APPLICATION FOR THE GRANT OF STAY.

AFFIDAVIT

That I, SRA son of AMH resident of _________ Rawalpindi do hereby solemnly declare as under.

That the deponent has filed above titled application u/s 25 of Guardian and Wards act 1890 before this Honourable Court the contents of the same are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verification

Verified on Oath that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

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2 Responses

  1. erfan says:

    you must also demonstrate the reply format of the above application.

  2. www.muneebbookhouse.com says:

    Good Work thanks

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