Suit for Custody of Minor (Hizanat)

IN THE COURT OF THE LEARNED GUARDIAN JUDGE / FAMILY JUDGE, district

Family Suit / Guardianship Petition No. _____ of year Under Sections 7, 17 and 25 of the Guardians and Wards Act 1890

petitioner_name, son/daughter of petitioner_father, aged about petitioner_age years, occupation: petitioner_occupation, resident of petitioner_address, holder of CNIC No. petitioner_cnic ... Petitioner / Mother / Father / Guardian-applicant

VERSUS

respondent_name, son/daughter of respondent_father, resident of respondent_address, holder of CNIC No. respondent_cnic ... Respondent / Person presently in custody of the minor

PETITION UNDER THE GUARDIANS AND WARDS ACT 1890 FOR CUSTODY OF MINOR

Suit valuation for the purposes of court fee: Rs. suit_valuation. Court fee paid: Rs. court_fee_paid.

Respectfully sheweth:

1. That the present petition is filed under Sections 7, 17, and 25 of the Guardians and Wards Act 1890 read with the Family Courts Act 1964, seeking the custody of the minor whose particulars are set out below. The Petitioner has sufficient interest in the welfare of the minor as the natural mother / father / grandparent of the minor, and is approaching this Honourable Court in good faith for the welfare and best interests of the minor.

2. PARTICULARS OF THE MINOR: The minor whose custody is sought is minor_name, son/daughter of minor_father, born on minor_dob at minor_birth_place, presently aged minor_age years. A copy of the birth certificate is annexed and marked as Exhibit P-1. The minor is a citizen of Pakistan and is presently residing at minor_current_address.

3. RELATIONSHIP OF PARTIES TO THE MINOR: The Petitioner is the petitioner_relationship_to_minor of the minor, and the Respondent is the respondent_relationship_to_minor. The relationship between the Petitioner and the Respondent inter se is relationship_inter_se (former spouses / divorced parents / parent and grandparent / etc.).

4. MARITAL HISTORY OF PARENTS: The parents of the minor were married on parents_marriage_date at parents_marriage_place. The marriage has been dissolved on parents_dissolution_date by way of parents_dissolution_mode. dissolution_circumstances.

5. CIRCUMSTANCES IN WHICH MINOR CAME INTO RESPONDENT'S CUSTODY: The minor came into the custody of the Respondent in the following circumstances: custody_history. The Petitioner did not voluntarily relinquish custody, and any retention of the minor by the Respondent is contrary to the welfare of the minor.

6. WELFARE CONSIDERATIONS UNDER ISLAMIC LAW (HIZANAT): Under the principles of Islamic law applicable to the parties, the right of custody (Hizanat) of a minor below the age of age_threshold years vests in the mother in respect of minor_gender children, subject to her remaining a fit and proper person. The Petitioner satisfies all the conditions for custody and is fully fit, willing, and able to provide the minor with care, affection, education, and a healthy environment.

7. WELFARE OF THE MINOR: The grant of custody to the Petitioner is in the welfare and best interests of the minor for the following reasons: welfare_reasons. The Petitioner has the financial means, the emotional capacity, and the family environment necessary to ensure the proper upbringing of the minor. The Petitioner can offer petitioner_advantages.

8. UNFITNESS / DISADVANTAGES OF RESPONDENT'S CUSTODY: The continued custody of the Respondent is detrimental to the welfare of the minor for the following reasons: respondent_disadvantages. The minor is not receiving adequate care, education, attention, medical treatment, or moral guidance in the custody of the Respondent.

9. EDUCATION AND HEALTH OF THE MINOR: The minor's current educational position is as follows: minor_education_status. The minor's health is minor_health. The Petitioner is fully prepared to provide for the continuing education and healthcare of the minor, including petitioner_educational_plan.

10. VISITATION RIGHTS: While seeking custody, the Petitioner is willing and prepared to allow reasonable visitation rights to the Respondent at fixed intervals, in a neutral environment, so as to maintain the minor's relationship with both parents in accordance with the welfare principle. The Petitioner suggests the following visitation schedule: visitation_proposal.

11. NO PROFIT OR PROPERTY MOTIVE: The present petition is filed solely in the welfare and best interests of the minor and is not motivated by any property dispute, financial consideration, or extraneous purpose. The Petitioner has no profit motive whatsoever in seeking custody and undertakes not to use the custody for any improper end.

12. NOTICE TO RESPONDENT: A formal written request was made by the Petitioner to the Respondent on notice_date, calling upon the Respondent to deliver custody of the minor to the Petitioner. The Respondent either failed to respond or, having responded, refused to deliver custody. notice_response.

13. URGENT INTERIM CUSTODY: The continued retention of the minor in the custody of the Respondent is causing immediate and irreparable harm to the minor's welfare, and the Petitioner therefore prays for an order of interim custody pending decision of the present petition, so that the minor may be protected from further prejudice.

14. JURISDICTION: This Honourable Court has the jurisdiction to entertain the present petition by virtue of the minor ordinarily residing within the territorial limits of this Court / having the closest connection to this Court, in terms of Section 9 of the Guardians and Wards Act 1890.

15. NO PRIOR LITIGATION: There is no prior or pending litigation between the parties in respect of the custody of the minor before any other forum, save and except prior_litigation_disclosure.

16. CAUSE OF ACTION: The cause of action for the present petition accrued to the Petitioner on cause_of_action_date when cause_of_action_description, and continues to subsist as long as the minor remains in the unlawful or detrimental custody of the Respondent.

PRAYER

In view of the foregoing, the Petitioner most respectfully prays that this Honourable Court, after hearing the parties, considering the evidence on record, and after such welfare assessment of the minor as the Court may direct, may be pleased to:

(a) Pass an order of permanent custody of the minor minor_name in favour of the Petitioner;

(b) Direct the Respondent to forthwith deliver custody of the minor to the Petitioner;

(c) Pending decision of the petition, pass an order of interim custody in favour of the Petitioner so as to safeguard the welfare of the minor;

(d) Specify a reasonable visitation schedule for the Respondent in a manner consistent with the welfare of the minor;

(e) In the event of refusal by the Respondent to deliver custody pursuant to the order of this Honourable Court, authorise the use of the assistance of police / bailiffs to take the minor into custody and produce the minor before this Honourable Court;

(f) Award costs of the petition to the Petitioner; and

(g) Grant any other or further relief that this Honourable Court may consider just, fit, and proper in the welfare and best interests of the minor.

VERIFICATION

Verified on solemn affirmation at verification_place on this _____ day of _____, year, that the contents of paragraphs 1 to 16 of the above petition are true and correct to the best of my knowledge and belief, and nothing material has been concealed therefrom.

_____________________________ petitioner_name Petitioner Through: _____________________________ counsel_name Advocate