IN THE COURT OF GUARDIAN JUDGE, LAHORE

Khalid Manzoor S/o Chaudhary Manzoor Husain R/o Mouza Veoval Post office Lala Musa Tehsil Kharian District Gujrat.

PETITIONER Vs Asima Iqbal D/o Hafiz Mazhar Iqbal (Khatib) R/o Jamia Masjid Norrani Ghazali Park Near Wahadt Colony 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 18.02.2004 according to Sharia Muhammadi. Photocopy of Nikka Nama is appended herewith for kind perusal of the Honorable Court as Annexure A. 2. That out of the wedlock three children were born namely Diya Khalid approximately 5 years Aiza Khalid approximately 4 years Amal Khalid approximately 3 years of age respectively, which are in the custody of the Respondent since 26.01.2010. 3. That the Respondent lived with the Petitioner as legal wedded wife of Petitioner in the beginning of our wedded life Respondents attitude remain non-cooperative, when ever the Petitioner tried to make cooperative and kind, the Respondent always create a situation of quarrel and it become a routine. Lastly on 26.01.2010 the Respondent left the house of Petitioner with her own free will along her sister without permission/Intimation of Petitioner since then she is still living separately, 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 it is quite dangerous for the welfare of minors if they left under the hands of the Respondent because the Respondent is living in a very congestive atmosphere, because the respondent is living in a house which was giving to them on charity basis because the father of respondent was a (Khatib) in Noorani Masjid which can be snatched away from the respondent and has family whenever a new Khatib and his family came to resident over there in short the respondent have no proper place where she can keep the children under her observation. 5. 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. 6. That the Petitioner is living in a joint family at above said address and has a better financial and social position in his locality, as petitioner is Administrative Officer University of Gujrat. In batter position for character building of minors in his supervision if the minors are handed over to the petitioner. 7. 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 real 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 minors children without any reason, so due to harsh attitude of respondents family the minor (girls) are absolutely depressed they are living in very miserable condition. That atmosphere of respondents house is not peaceful and also a dangerous one because the brother of respondent is an addict person who is use to take drugs habitually which is quite dangerous if minor (girls) left under their custody which seriously affected the personality of the minor (girls). That the respondent not caring the minors and left the minors on the mercy of her family in which respondents sister & her brother in law also living in the same house where respondent is living, as Sora-E-Noor explains minor (girls) are living with na-mehram which is quite dangerous for the social as well as their characters are too remain in danger, because the minor (girls) are under a growing age and the girls always inspired from the matrimonial life of their family members who are living near them so it is easy

ii)

iii)

iv)

to understand how the minors (girls)s life could be destroyed if the minor (girls) remain intact with their mother/respondent. v) That the minors are absolutely ignored in the house of respondent and the minors are mentally depressed and personality of the minor is badly damaging the minors in this age. That the respondent is living miserable life under the command of her addict brother and brother in law and his family, that according to the Islamic Law and the boundaries as created by the Allah mighty between the family members and out of the family members, in which Shariah Laws forbid that minor (girls) are always forbid to live with (namehram) so the minor (girls) are forcefully compel to live with (na-mehram) which no any Islamic Law provide any ease to live as such which is too dangerous for the minors. That the Defendants financial position is week whereas the defendant and his family in a batter condition to support the minors and take care to them in a batter atmosphere where the minors can at batter opportunity to led a batter life and become a batter citizen.

vi)

vii)

8. 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 children away from their father and the respondent also refused to allow the Petitioner to meet the minors, hence the present petition. 9. That the Petitioner is ready to pay every month maintenance of children in compliance order of Honorable Court as the Court will decide which is pending for adjudication before Mr. Zia Ullah Family Court Lahore. 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 on 26.01.2010 and is continue. 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, and 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 Saddique

Advocate High Court

Sardar M.Masood Iqbal

Advocate High Court

Miss Humaira Afzal

Advocate Zahid Law Associates 2nd Floor Nawa-I-Waqt Building Shahra-e- Fatima Jinnah Lahore

PETITIONER

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Khalid Manzoor Vs Asima Iqbal

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

APPLICATION UNDER SECTION 12 OF THE GUARDIAN & WARD ACT FOR THE 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 are 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 minors.

Prayer
Under the above mentioned circumstances, it is most respectfully prayed that the order of custody may very kindly be passed in favour of the petitioner.

PETITIONER Through

COUNCIL Muhammad Kamran Saddique Advocate High Court

IN THE COURT OF GUARDIAN JUDGE, LAHORE

In Re:-

Khalid Manzoor Vs Asima Iqbal

(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:

Khalid Manzoor S/o Chaudhary Manzoor Husain R/o Mouza Veoval Post office Lala Musa Tehsil Kharian District Gujrat 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 ________ 2010 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