How to write an application for the return of a petition? What reasons may be occurred for the return of the petition of the opponent party? The sample draft is given here.

Application for the return of a petition

Forum: In which court, the petition is pending.

Title/parties: applicant Vs respondent

APPLICATION FOR RETURN OF PETITION

Respectfully Sheweth:-

That a guardian petition titled as “Mr. Khan Vs Mrs.Chini etc” is pending adjudication before this Hon’ble court and fixed for today.

That the petitioner did not come to the court with clean hands and has filed the petition by suppressing material facts from this Hon’ble court, hence the petition is liable to be returned.

That the instant petition is not maintainable in its present form as the petitioner does not have any cause of action and just relies on a concocted and fabricated story.

That the petitioner intentionally and willingly has concealed the fact that the guardian court in another district has already seized the jurisdiction and the petitioner had joined the proceedings of said learned court. However, the petitioner left the proceedings of the said court at a later stage having malafide intention and ulterior motives to drag the applicant to different jurisdictions and as well avoid the proceedings of the proper forum i.e. guardian court. Therefore, the petitioner is not entitled to any relief; hence instant petition is liable to be returned with direction to the petitioner to rejoin the proceedings of the guardian court in another district where the guardian petition is to be decided.

That the petitioner also concealed the fact that the minors were produced by the applicant before the Civil Court who very pleased to pass an injunctive order restraining the petitioner from removing the minors illegally or forcibly from the custody of the applicant. The petitioner as well joined proceedings of the said civil court, submitted her written statement and thereafter has malafidely left the proceedings of the said civil court just to get illegal benefit and avoid the proceedings of the court. Concealment of this important fact requires the rejection of the instant petition.

That the matter of custody of a minor is pending in the proper forum in another district, therefore, any proceeding on the same matter before this Hon’ble Court may give rise to the conflicting and contradictory verdicts of two parallel courts which would create further confusion and uncertainty about the custody of the minors will also be contrary and harmful for the welfare of minors, therefore, the petition is liable to be returned with direction to the petitioner to join the proceedings of guardian court at district ABC.

That this court lacks jurisdiction to entertain the matter as at the time of filing instant petition the minors were residing in district abc and the petitioner’s assertion regarding the residence of minors in District xyz is ill-founded, wrongly stated, misconceived, and based upon misstatement just to create jurisdiction of this Hon’ble Court, therefore contention of the petitioner that the minors were removed from the jurisdiction of this Hon’ble Court amounts to misuse and abusive process of the court. This very fact could be verified from the record of the Army Public School where the minors were regularly attending the school on the dates alleged by the petitioner as the date of removal of the minors. 

That petitioner has no cause of action to file this petition in district xyz as the minors neither were residing with the petitioner in the territorial of district xyz on the dates alleged by the petitioner nor have ever been removed from the jurisdiction of this Hon’ble Court. Therefore, the instant petition is nothing other than a bundle of lies, concocted and fabricated stories, hence petitioner is not entitled to any relief and the petition is liable to be returned with cost.

That the petitioner is misusing and abusing the process of a court by narrating and relying on concocted, false, and fabricated stories, concealing the material facts from the Hon’ble Court, and leaving the proceedings of the proper forum after due attendance, hence the petitioner is not entitled to any relief and the instant petition is liable to be dismissed with an exemplary and heavy cost. 

That the petitioner has filed the instant false and frivolous petition just to harass, humiliate, pressurize and blackmail the applicants, hence the same is not maintainable and liable to be dismissed as returned with special costs.

PRAYER

In view of the above circumstance, it is, most respectfully prayed that the instant application may kindly be accepted and the petition be returned with a heavy cost. The petitioner may also be directed to join the proceeding of the guardian court abc the petitioner in the best interest of justice and to avoid any conflicting verdict in parallel proceedings.

Any other relief, that this Hon’ble Court deems fit and proper may also be awarded to the applicant.

Applicant               through                 Counsel