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
AGREEMENT FOR CANAL IRRIGATION WATER
By & Between

M/S. Bestway Cement Limited Hattar

&

Provincial Irrigation Department, KPK