IN THE COURT OF ----- CIVIL / FAMILY JUDGE,
-------- KARACHI
G & W Suit No ----/20---
RAEES S/O
ABDUL ---------------------------------------- APPLICANT
VERSUS
Mst. --------------
D/O ------ ---------------------------------- RESPONDENT
BABY -------------
D/O ---------- ------------------------------- MINORS / WARDS
APPLICATION FOR THE GRANT OF TEMPORARY
CUSTODY OF MINOR FOR AN OVERNIGHT STAY WITH
THE APPLICANT AT HIS HOME; DURING HOLY EID DAYS
COMING ON 22nd April 2023 TILL 24TH April 2023 ; TO THE
APPLICANT, EX DEBITIO JUSTITIAE
Respectfully Sheweth;
That the brief facts leading to the filling of the instant application are
stated hereto below:
1. That the Applicant is fighting his Petition filed under the
provisions of Section 25 of the Guardian & Wards Act 1890 for
the custody of his minor --------- namely-------- aged about
______ years, along-with an Application for the grant of an
Annual Visitation Schedule of meeting under the provisions
of Section 12 of the Guardian & wards Act 1890 to be read
with the provisions of Section 5 of the Family Courts Act
1964 and both are still pending adjudication before this
Honourable Court.
2. That for the purpose of the instant Application, it is peculiar to
be stated here with respect that the minor --------- of the
Applicant namely --------- aged about ______ years is A
school going child hence the growing age of the minor child
demand spending more time with the applicant being his
biological Father.
3. That save in accordance with the provisions of Section 5 of the
Schedule attached with the Family Court Act, it is the statutory
right of the Applicant being a Non-Custodial Parent to have
frequent access to his minor child. It is therefore on the strength
of the Legal Provision as enumerated above, the Applicant seeks
the grant of temporary physical custody of the minor on 22nd
April to 24th April which is Public Holidays due to Holy Eid of
Muslims.
4. That in the peculiar circumstances of the instant matter, the Applicant
Father of minor child could not be denied minimum right of access to
his child nor can he be considered like an alien enemy qua them. On
the touch stone of this clear observation of the Honorable Supreme
Court of Pakistan, it is imperative for the Applicant Father, to seek the
gracious indulgence of this Honorable Court on account of his access
to his minor .child so as to enable the minors feel the warmth of their
biological Father who has been denied reasonable access to the minor
child, hence it would be just and reasonable to allow the Minor to stay
with the Applicant and his Paternal family on this public
holiday. Reliance is placed upon 2008 SCMR 527 Supreme Court
5. That the worst possible thing that can happen in minor’s life, apart
from losing a parent, is to become a rolling ball in a parents’ divorce
and ensuing custody battles. Whilst the spouses and their families hurl
accusations and try to get the better of each other, the trauma being
suffered by the child may sometimes be overshadowed by the volley
of hurt and anger of the parties, for which law would provide no
compensation. Apart from this Custodian parent and Council of the
Custodian try their level best to deprived father from his legitimate
right using law sections which are specifically meant for explicit cases
should not be exercise in normal circumstances. Neither custodian
mother nor council has right to deprived father from offering Holy Eid
prayers and visiting grave yard on Holy EID, as council and Custodian
mother siblings and parents are following same practice on every Eid
for offering prayers and visiting graves.
6. That it is the inalienable right of every minor to have free access to
his parents, including the Non-Custodial Parents for an appropriate
time and for adequate frequency so as to develop a bonding, love and
affection with both of his parents.
7. That it is stated here with utmost humility and respect that in matters
of custody of minor, factor that the mother loves her child cannot
alone give her an edge over the Father who is equally affectionate
towards his child. Guardian Courts have to distinguish between right
of guardianship and right of custody, hence this Application.Gurdian
court is so empowered and fully privileged to grant relief to father as
per his legitimate rights given in Quran/sharriat to father.
8. That it is further reiterated here with humility that Visitation
Right of Non-Custodial Parent is an inherent right. This Right
has statutory recognition. The Legislature felt it necessary from
every corner. Therefore, the Legislature enacted the provision by
including it in the schedule of cases tri-able by Family
Courts. Family Courts Act, 1964 as amended by Ordinance LV
of 2000. It has been observed by the Honorable Lahore High
Court, that “keeping away Father six days in a week away from
minor would be cruel”. Parents are entitled for visitation rights
to meet child; schedule of meeting was accordingly modified by
High Court. Reliance is placed at NLR 1999 UC 660 & PLJ
2003 Lahore 641.
9. That save in accordance with the provisions of Item No. 5
in Section 5 of the Schedule attached with the Family Court Act
and Section 12 of the Guardian & Wards Act 1890, read in juxta
position, it is the statutory right of the Applicant being a Non-
Custodial Parent that he shall be given reasonable and adequate
visitation rights of meeting with his minor child, It is therefore
on the strength of Legal Provision as enumerated above, the
Applicant seeks the grant of temporary physical custody of all
the minors at his home for at least two overnight stays during
Public holidays as well as the School off days.
10. That it is in the interest of justice and fair play and the welfare of the
Minor that he should be handed over to stay with the Applicant and
his paternal side of family to enjoy and celebrate Holy Eid and to stay
overnight so as to help the minor child generate affinity and bondage
with his paternal side of the family
Karachi:
Dated: -09-2022
ADVOCATE FOR THE APPLICANT
IN THE COURT OF XXIST CIVIL / FAMILY JUDGE,
EAST AT KARACHI
G & W Suit No./2022
Syed ---------------------------- APPLICANT
VERSUS
Mst. ---------------------------------- RESPONDENT
Syed
& others ------------------------------------------ MINORS / WARDS
AFFIDAVIT
I, Syed S/o Syed , Muslim, Adult, R/o KARACHI, do hereby state
on Oath as under:
1. That I am applicant in the above titled G&W Case and
deponent of this affidavit, as such am fully conversant with
the facts stated herein.
2. That the accompanying application for special meeting with
the minor, has been drafted and filed under my specific
instructions and the contents whereof are true and correct
and may please be treated as part and parcel of this affidavit
for the sake of brevity.
3. That I say that until & unless my accompanying application is
allowed / granted by this Hon’ble Court, I as well as minor will
be seriously prejudiced and will suffer irreparable losses.
4. That whatever stated above is true and correct to the best of
my knowledge and belief.
Karachi:
Dated: -09-2022 DEPONENT
CNIC No.
Cell No.
