IN THE COURT OF MISS IRUM HAFEEZ ABBASI, CIVIL/FAMILY

JUDGE ISLAMABAD

Nabeel Ashraf
-versus-
Mst. Fouzia Arshad

PETITION U/S 25-A OF GUARDIAN AND WARDS ACT FOR THE

CUSTODY OF MINOR

APPLICATION FOR REJECTTION OF PETITION

WRITTEN REPLY ON BEHALF OF RESPONDENT/PETITIONER

Preliminary Objections:-

1. That this petition is neither maintainable nor proceedable hence

liable to be dismissed.

2. That this petition is barred by law. There is no provision under

Guardian and Wards Act through which a petition can be

rejected summarily.

3. That the Petitioner/Respondent has filed this petition malafidely,

in order to delay the proceedings hence it is liable to be struck

off.

On Merits:-

1. Paragraph No. 1 is correct.

2. Paragraph No. 2 is correct.

 3. Para No. 3 is denied vehemently.

a) Paragraph No. 3(a) is denied. Being father of the minor he has

got every right of custody and has a good cause of action.

b) Paragraph No. 3(b) is denied.

c) Paragraph No. 3(c) is absolutely incorrect hence denied. The

Respondent/Petitioner has himself filed the petition under

Section 25-A of Guardian and Wards Act before Honourable

Guardian Judge, Islamabad for the custody of minor. He

initially pursued the legal proceedings. However, due to some

commitments he had to travel abroad for the time being. He,

therefore, appointed his real brother (real uncle of minor) as

power of attorney in order to pursue the case in his absence.

d) Paragraph No. 3(d) is denied vehemently. Question of welfare

of minor is question of fact and it can only be decided after

framing of issues and recording of evidence.

e) Paragraph No. 3 (e) is alien to the provision of Rule XI of

Order 7 C.P.C hence denied vehemently. Be Being father of

the minor he has got every right of custody and has a good

cause of action.

It is therefore respectfully prayed that this instant petition may kindly

be dismissed with costs.
 Respondent

Through

MUHAMMAD ILYAS SHEIKH

Advocate Supreme Court