Petition Under Section 25 of the Guardian and Ward Act 1890 for custody of the minors. How to write a guardian petition U/S 25 of Guardian and Ward Act 1890 from mother side? The sample is given below please make necessary amendments as per fact of the case.

Petition Under Section 25 of the Guardian and Ward Act 1890

Purpose: To seek the custody of minor/s from the respondent (father) through the court under the relevant section of the Guardian and Ward Act.

IN THE COURT OF SENIOR CIVIL/GUARDIAN JUDGE,

In the matter of: -

(Full name, parentage, and address of the petitioner)                                …. Petitioner

Versus

(Full name, parentage, and address of the respondent)                             …. Respondent

PETITION UNDER SECTION 25 OF THE GUARDIAN AND WARD ACT 1890 FOR CUSTODY OF THE MINORS NAMELY (mention name and age of minor/s)

Respectfully Sheweth,

1.       That the marriage between the petitioner and respondent was solemnized on 08.12.2012 in accordance with Muslim Rites and Ceremonies.

2.       That out of the said wedlock God blessed the spouses of three sons mentioned in the headnote of the petition, who are alive and presently are in the custody of the respondents.

3.       That before a couple of years, the respondent changed his behavior towards the petitioner due to some petty household matter and he used to tease the petitioner without any cogent reason or justification. The respondent a number of times ousted the petitioner from the house but the petitioner always rejoined the respondent just to save the future of the minors, the respondent never take care of the petitioner, and ultimately, on 12.12.2021, the respondents deserted the petitioner from the house by snatching all the belongs of the petitioner as well as minors and since then the petitioner is residing at the above-mentioned house of her parents.

4.       That thereafter, the petitioner and her parents tried their level best to reconcile the matter but the respondent was always reluctant to listen to anything reasonable and showed his intention to spoil the life of the petitioner, therefore, the petitioner found no way except to file a suit for dissolution of marriage against the respondent, which suit was decreed by the court of the learned family judge in favor of the petitioner. 

5.       That since desertion, the respondent has never been allowed to meet or see her minor sons despite knowing the fact that the minors are very much attached to the petitioner and the petitioner being a real mother of the minors has every right to meet and see her minor sons but the act of the respondent is not only against the guardian and family laws but also against the moral and ethical norms.  

6.       That the petitioner is seeking the custody of minor daughters on the following amongst and other: -

G R O U N D S

a.       That the petitioner is a real mother of the minors and she is a natural guardian under the law is entitled to custody of minors.

b.       That the respondent spends most of his time outside the house and the other family members of respondent have no interest in the welfare of the minors. 

c.        That the welfare of the minors lies with the petitioner, which is a paramount consideration for the welfare of the minors.

d.       That the respondent in connivance with his family members bent upon depriving the petitioner of the natural love and affection of her minors. This act of the respondent amounts of high handedness and their conduct is unfair and improper.

e.       That it is in the interest of justice as well as for the welfare of the minors that the custody of minors is handed over to the petitioner. 

f.         That the petitioner can very well look after the minors with well brought up in a very favorable and easy environment as the welfare of the minors is a prime consideration.

g.       That the atmosphere and attitude of the respondent is very bad for the upbringing of the minors as the respondent and his family members continuously are using filthy language against the petitioner as well as they also instigating the minors against the petitioner through different sources which are affecting badly on the upbringing of the minors.

7.       That the petitioner time and again asked the respondent to hand over the custody of the minors but the respondent flatly refused to do so, hence this petition.

8.       That the cause of action firstly accrued to the petitioner, when the respondent ousted the petitioner by snatching the minors, and lastly a week ago when the respondent flatly refused to accede to the genuine request of the petitioner and the same is continuing day by day.

9.       That the petitioner is residing in Rawalpindi and the cause of action accrued within the territorial limits of this Hon’ble Court, hence this Hon’ble court has jurisdiction to entertain and try upon the matter.

10.    That the proper court fee has been affixed on the petition.

In view of the above, it is, therefore, respectfully prayed that the instant petition may kindly be accepted and the custody of the minors namely (mention names and age of the minors) may kindly be permanently handed over to the petitioner, in the interest of justice.

Any other equitable relief, which this Hon’ble Court may deem fit and proper may also be awarded to the petitioner.

Petitioner              Through                 Counsel

 

Verification:

Verified on oath on 01.06.2022 that the contents of the above para No. 1 to 7 are true and correct to the best of my knowledge and the rest of the paras with grounds are also believed to be true and correct.

                                                Petitioner

Note:

1.       Attach an affidavit in support of the petition

2.       Attach the birth certificate/s of the minors.

3.       Attach a petition U/S 12 of the Guardian and Ward Act 1890 supported with an affidavit for interim custody of minor/s.