Guardian Appeal
Forum: District Judge
Parties/title: Appellant (who challenge the
visitation schedule) V/s Respondent (who obtained the
visitation schedule from lower court)
APPEAL AGAINST THE IMPUGNED ORDER DATED 23.05.2021 PASSED
BY THE COURT OF LEARNED GUARDIAN JUDGE.
CLAIM IN APPEAL
To set aside the order dated 23.05.2021
only to the extent of the meeting schedule, settled by the learned trial court.
Respectfully Sheweth:-
That the respondent filed a Petition U/S 25 of
Guardian and Ward Act against the present appellant for the custody of minor
son namely Richerd Boucher.
That the appellant appeared before the learned
trial court and submitted her written reply by raising objections.
In order to resolve the matter in the brawl, the
learned guardian court framed the issues, and thereafter, in order to prove the
version, the respondent put his appearance as AW-1 along with the affidavit as Exh. A1
and also produced his documentary evidence as Mark-A to Mark-P before the
learned guardian court whereas, the appellant appeared as RW-1 and submitted
her affidavit as Exh. RI and also produced divorce certificate as Exh. R2 and
birth certificate Exh.R3 and closed her oral as well as documentary evidence.
Subsequently, the learned guardian court
dismissed the petition and fixed the meeting schedule vide dated 23.05.2021.
That being dissatisfied with the order dated 23.05.2021
only to the extent of visitation schedule, the appellant impugn the same inter
alia on the following:-
G R O U N D S
That the impugned order to the extent of the visitation schedule is against
the law and facts of the case.
That the minor is residing with the appellant since birth. The respondent
before filing the guardian petition took the minor forcibly and detained him by
utilizing different tactics. The appellant filed a petition U/S 491 Cr.P.C and
got custody of the minor. The conduct of the respondent clearly depicts his criminal mentality and there is strong apprehension that the
respondent by taking advantage of the instant visitation schedule will repeat his
past act which is not favorable for the welfare and nourishment of the minor.
It is important to mention here that the respondent did not opt to meet the minor
after recording his evidence before the learned trial court in spite of an order
passed by the trial court, regarding a meeting, thus, handing over the minor to
the respondent according to visitation schedule is unjust and improper, hence
the impugned order only to the extent of visitation schedule is liable to be
set aside. It is also important to mention here that the respondent is also an army personnel and mostly remained in different stations as per the requirement of his
service. The appellant is still ready to arrange a meeting of the minor with the
respondent on court premises.
That the impugned order passed by the learned trial court is based on
surmises and conjectures which is not sustainable in the eye of law.
That the learned trial court miserably failed to appraise the facts
available on record, while passing the impugned order.
That the learned trial court passed the impugned order in a hasty and
fanciful manner.
That the learned trial court while passing the impugned order did not use
its judicial mind and decide the matter in a slipshod manner.
PRAYER:
In view of the above circumstances, it is, most respectfully prayed that
the instant appeal may kindly be accepted and the impugned order dated 26.06.2021
to the extent of the visitation schedule passed by the learned guardian court, may graciously be set aside, in
the interest of justice.
Appellant through counsel
Certificate:-
It is certified
that this is the 1st appeal on the subject ever moved before this
Hon’ble Court and no other petition,
revision, or application on the subject is pending in any court of law up till the Supreme Court of Pakistan.
…Counsel
Note: To attach an application for suspension of the operation of the impugned order as well as to stay the proceeding of executing court till the final disposal of the instant appeal
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