APPLICATION U/S 12 FOR INTERIM CUSTODY OF MINOR IN VIOLATION OF VISITATION ORDER ALONGWITH AFFIDAVIT/ SPECIMAN/ DRAFT

IN THE COURT OF LEARNED JUDGE, FAMILY COURT, RAWALPINDI

Petition No. ____________/2023

In Re:

(ABC________________)

…Petitioner

Versus

(XYZ____________________)

…Respondent

APPLICATION FOR SEEKING TEMPORARY CUSTODY OF MINOR UNDER THE ENABLING PROVISIONS OF LAW IN CONSEQUENCE OF BREACH & VIOLATION OF ORDER DATED 08/03/2022 I.E. MEETING SCHEDULE, PASSED BY THIS LEARNED COURT

PETITION FOR THE CUSTODY OF MINOR UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890

Respectfully Sheweth:

That the aforementioned petition is pending adjudication before this honorable court which is fixed for today.
That vide order dated 08/03/2022 this Learned Court was pleased to dismiss the Application u/s 12 of the Guardian and Wards Act, 1890 wherein the Respondent was entitled to retain the interim custody of minor and a meeting schedule for minor was issued in favor of the Applicant/Petitioner. However, the respondent did not bother to comply with the aforementioned order hence, this petition.

(Copy of order dated 08/03/2022 is annexed herewith as annexure “A”)

That it is imperative to mention here that even after tremendous warnings and directions the respondent is continuously violating the orders of this Honorable Court and taking the orders of this Honorable Court as fore-granted.
That after continuous violation of orders of this Honorable Court the Petitioner filed the Application for the issuance of warrant under section 100 Cr.pc 1898 whereby this Honorable Court issued the direction to the respondent to make arrangements for meeting and issued ultimate warning to use the coercive measures as per law but respondent didn’t bother the same. The operative part of the order dated 30/07/2022 is provided herein below

“ … Respondent is directed to make arrangements for meeting of minor on 2^nd and 4^th Saturday of august from 11:00 am to 01:00 pm in Guardian Room. Otherwise the coercive measures will be taken against the respondent in accordance with law…”

(Copy of order dated 30/07/2022 is annexed herewith as annexure “B”)

That the respondent is fully aware of aforesaid orders and directions passed by this Honorable Court. Copy of order and notice by phone has also been served upon him; moreover, the bailiff also sent the aforesaid orders to the respondent through whatsapp and further informed through call. This always done on each and every meeting day.
That the Petitioner/Applicant being maternal grand-mother always remained in attendance at Guardian room on each and every meeting schedule however, the respondent failed to produce minor in the guardian room as per schedule. The honorable Court may get the bailiff’s reports for its kind perusal.
That inspite of order in favor of the petitioner for visitation which is still intact and the respondent is continuously disobeying the same without any cogent reason and detained the minor girl somewhere illegally.
That the Respondent is an accused of murder of mother of the minor in a case FIR No. 1322/21 U/S- 302/34 PPC. Furthermore, the respondent illegally transferred the amount from the bank account of the deceased mother of minor to his own account to deprive the other legal heirs of the deceased. Furthermore, the respondent has deprived the minor daughter from the love and affection of her maternal grand-mother and her aunts.

That the acts and conduct of the respondent are showing his mala-fide intention, hence, the interim custody must be provided to the petitioner.

That it is pertinent to mention here that the petitioner and the real Ants (Khalas) are emotionally attached with the minor daughter, they didn’t see the minor since long time as respondent is continuously disobeying and violating the Court’s orders.
That the disobedience and violation committed by the respondent to avoid visitation as per order of the Honorable Court, amounts to contempt and violation of order passed by this Honorable Court and his acts show sheer disobedience towards the sanctity of the orders of this Honorable Court.

That the order passed by this Court is very much in the knowledge of the respondent and he is disobeying the orders of this Honorable Court willfully and intentionally just to frustrate the process of the law.

That such a disobedient and willful attitude of the respondent have forced petitioner to file instant petition so that he might get justice from this Honorable Court as no other remedy is available to him for the redressal of his grievance.

That the respondent has no respect for the courts and he did not take into account order of the Honorable Court.

PRAYER:

In aforementioned circumstances, it is humbly prayed that the instant petition may be accepted and the interim custody of minor namely Z_______ may kindly be granted to the petitioner/applicant as the respondent has repeatedly violated the order dated 08/03/2022 even after certain warnings and directions. Furthermore, in alternative, the compensatory meetings may also be granted in favor of the petitioner/applicant at the petitioner’s residence for meeting dated 08/03/2022 till now i.e. total 42 hours.

Any other relief which this honorable Court may deems fit and proper may kindly be granted in the best interest of justice.

…Petitioner

THROUGH

ASADULLAH HASHMI

LLM-ITL ( Medalist)

ADVOCATE HIGH COURT

Certificate

As per instruction received from the client, this is first application on the subject, filed on behalf of the Applicant before this Learned Court. No other litigation on the subject matter is either has been decided by or pending before this Honorable court or any other competent court of law.

Counsel

Verified on oath on this________ day of January 2023 at Rawalpindi that the contents of the instant application are true and correct to the best of our knowledge and belief and nothing has been concealed therefrom.

DEPONENT

IN THE COURT OF LEARNED JUDGE, FAMILY COURT, RAWALPINDI

Petition No. ____________/2023

In Re:

ABC…(__________________)

…Petitioner

Versus

XYZ…(__________________)

…Respondent

PETITION FOR THE CUSTODY OF MINOR UNDER SECTION 25 OF THE GUARDIAN AND WARDS ACT 1890

AFFIDAVIT

I, ABC… through Special Attorney, do hereby solemnly affirm and declare that my above statements are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

DEPONENT

Verified on oath on this________ day of January 2023 at Rawalpindi that the contents of the instant Application are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

DEPONENT

Blog